See other bills
under the
same topic
PRINTER'S NO. 2119
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
20
Session of
2025
INTRODUCED BY KINKEAD, MAJOR, K.HARRIS, DAVIDSON, HOHENSTEIN,
CEPEDA-FREYTIZ, DOUGHERTY, D. WILLIAMS, CIRESI AND INGLIS,
JULY 14, 2025
REFERRED TO COMMITTEE ON HEALTH, JULY 14, 2025
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for adult use of cannabis;
regulating the personal use and possession of cannabis;
establishing the Keystone Cannabis Authority; providing for
powers and duties of the Keystone Cannabis Authority;
establishing the Community Opportunity Fund; providing for
social and economic equity, for regulation of cannabis
business establishments, for enforcement and immunities, for
laboratory testing, for advertising, marketing, packaging and
labeling and for preparation, destruction and regulation of
cannabis and cannabis-infused edible and nonedible products;
imposing a sales tax and excise tax on cannabis and cannabis-
infused edible and nonedible products; establishing the
Cannabis Regulation Fund; providing for cannabis clean slate
and for miscellaneous provisions; imposing penalties;
consolidating provisions relating to the medical use of
cannabis; transferring certain powers and duties of the
Department of Health to the Keystone Cannabis Authority; and
making repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART VII
CANNABIS
Chapter
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90. Preliminary Provisions
91. Adult Use of Cannabis
93. Medical Cannabis
CHAPTER 90
PRELIMINARY PROVISIONS
Sec.
9001. Scope of part.
9002. Definitions.
9003. Smoking.
9004. Medical use of cannabis.
§ 9001. Scope of part.
This part relates to the regulation of cannabis in this
Commonwealth.
§ 9002. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Authority." The Keystone Cannabis Authority established
under section 9131 (relating to establishment of Keystone
Cannabis Authority).
"Cannabis." As follows:
(1) Any of the following:
(i) Marijuana.
(ii) Hashish.
(iii) Other substances that are identified as
including any parts of the plant Cannabis sativa and
derivatives or subspecies, including indica, of all
strains of cannabis, whether growing or not, including
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the seeds, resin extracted from any part of the plant and
any compound, manufacture, salt, derivative, mixture or
preparation of the plant.
(iv) A product intended for human consumption with a
THC concentration, however derived, greater than:
(A) three-tenths of a percent for any
intermediate or finished plant product or material,
or any product intended for consumption by inhalation
or smoking; or
(B) one half milligram per serving or individual
product unit, and 2 milligrams per package for
products sold in multiple servings or units, for any
beverage, food, oil, ointment, tincture, topical
formation or any other product that is intended for
consumption by means other than inhalation or
smoking.
(2) The term includes THC and all other naturally or
synthetically produced cannabinol derivatives, whether
produced directly or indirectly by extraction, including,
delta-7 THC, delta-8 THC, delta-9 THC or any structural,
optical or geometric isomers of tetrahydrocannabinol,
cannabis flower, concentrate and cannabis-infused edible and
nonedible products.
(3) The term does not include:
(i) The mature stalks of the cannabis plant.
(ii) Fiber produced from the stalks of a cannabis
plant.
(iii) Oil or cake made from the seeds of the
cannabis plant or any other compound, manufacture, salt,
derivative, mixture or preparation of the mature stalks.
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(iv) The sterilized seed of the cannabis plant that
is incapable of germination.
(v) Industrial hemp as defined in 3 Pa.C.S. § 702
(relating to definitions) below the THC concentrate
limits prescribed in paragraph (1)(iv).
"Cannabis-infused edible product." A product meant to be
chewed, dissolved, taken sublingually, buccally, or swallowed.
The term includes liquids, including beverages, food, oil,
tincture, capsule, tablet, gummies or other ingestible forms
containing cannabis or cannabis concentrate that are not
intended to be smoked or otherwise inhaled.
"Cannabis-infused nonedible product." A product meant to be
used topically or otherwise not intended to be ingested. The
term includes gels, creams, patches or ointments containing
cannabis or cannabis concentrate.
"Medical cannabis business establishment." A dispensary, as
defined in section 9303 (relating to definitions), or a
grower/processor granted a permit under section 9343 (relating
to granting of permits).
"Medical cannabis grower/processor." A person, including a
natural person, corporation, partnership, association, trust or
other entity, or any combination thereof, which holds a permit
from the authority under Chapter 93 (relating to medical use of
cannabis) to grow and process medical cannabis.
"Minority-owned business." As defined in 74 Pa.C.S. § 303(b)
(relating to diverse business participation).
"Smoking." The inhalation of smoke caused by the combustion
of cannabis.
"THC." A delta-9 tetrahydrocannabinol and any structural,
optical or geometric isomers of tetrahydrocannabinol, including
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delta-7, delta-8 and delta-10 tetrahydrocannabinol,
tetrahydrocannabinolic acid, tetrahydrocannabiphorol,
hexahydrocannabinol and any other substance, however derived,
including synthetically or from hemp or hemp materials, that has
similar effects on the mind or body as determined by the
authority.
"Veteran-owned small business." As defined in 51 Pa.C.S. §
9601 (relating to definitions).
"Women-owned business." As defined in 74 Pa.C.S. § 303(b).
§ 9003. Smoking.
The smoking of cannabis by individuals 21 years of age or
older or patients under Chapter 93 (relating to medical
cannabis) shall not be permitted in any public place. Nothing in
this part may be construed to require a person or establishment
in lawful possession of property to allow a guest, client,
lessee, adult-use consumer or visitor to use cannabis on or in
that property, including on land owned in whole or in part or
managed in whole or in part by the Commonwealth.
§ 9004. Medical use of cannabis.
Nothing in this chapter or Chapter 91 (relating to adult use
cannabis) shall be construed to limit any privileges or rights
of a patient, including minor patients, or caregivers under
Chapter 93.
CHAPTER 91
ADULT USE OF CANNABIS
Subchapter
A. Preliminary Provisions
B. Lawful Use and Authority
C. Personal Use of Cannabis
D. Keystone Cannabis Authority
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E. Social and Economic Equity
F. Regulation of Cannabis Business Establishments
G. Enforcement and Immunities
H. Laboratory Testing
I. Advertising, Marketing, Packaging and Labeling
J. Preparation, Destruction and Regulation of Cannabis and
Cannabis-infused Edible and Nonedible Products
K. Taxes
L. Cannabis Clean Slate
M. Miscellaneous Provisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
9101. Scope of chapter.
9102. Definitions.
§ 9101. Scope of chapter.
This chapter relates to the adult use of cannabis in this
Commonwealth.
§ 9102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adult use." Cannabis that can be purchased and consumed by
an individual 21 years of age and older.
"Adult-use consumer." An individual who is at least 21 years
of age.
"Adult-use cultivation center." A facility operated by an
organization or business that is permitted by the authority to
cultivate, process, transport and perform other necessary
activities to provide adult-use cannabis and cannabis-infused
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edible and nonedible products to cannabis business
establishments.
"Adult-use cultivation center permit." A permit issued by
the authority that permits an entity to act as a cultivation and
processing center under this chapter or any regulation
promulgated in accordance with this chapter.
"Advertise." To engage in promotional activities, including
through newspaper, radio, Internet and electronic media and
television advertising. The term:
(1) Includes the distribution of fliers and circulars,
billboard advertising and the display of window signs.
(2) Does not include interior dispensary signage or
exterior signage displaying the name of the permitted
cannabis business establishment.
"Agent." A principal officer, board member, employee or
other agent of a cannabis business establishment who is 21 years
of age or older.
"Agent identification card." An identification card issued
by the authority to an agent under section 9159.15 (relating to
agent identification cards).
"Applicant." A person applying for a permit under this
chapter.
"Board." The board of directors of the authority established
under section 9131 (relating to establishment of the Keystone
Cannabis Authority).
"Bona fide labor organization." A labor organization, as
defined by 29 U.S.C. § 402(i) (relating to definitions), that
has entered or will enter into a labor peace agreement. In
making this determination, the agency shall consider each of the
following as indicative, but not determinative, of a finding
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that a labor organization is a "bona fide labor organization":
(1) The labor organization has been recognized or
certified as the bargaining representative for cannabis
employees in the state.
(2) The labor organization has executed current
collective bargaining agreement(s) with cannabis employers in
the state.
(3) The labor organization has spent resources as part
of a current and active attempt(s) to organize and represent
cannabis workers in the state;
(4) The labor organization has filed the annual report
required by 29 U.S.C. § 431(b) (relating to report of labor
organizations) for the three years immediately preceding.
(5) The labor organization has audited financial reports
covering the three years immediately preceding.
(6) The existence of written bylaws or constitution for
the three years immediately preceding.
(7) The labor organization ' s affiliation with any
regional or national association of unions, including but not
limited to central labor councils.
"Cannabis business establishment." A person holding a permit
issued by the authority to cultivate, process, dispense, infuse
or transport adult-use cannabis, including a dispensary, adult-
use cultivation center, social and economic equity dispensary
permit holder or microcultivation center.
"Cannabis concentrate." A product derived from cannabis that
is produced by extracting cannabinoids, including THC, with the
intended use of smoking, vaping or making a cannabis-infused
edible and nonedible product. The term includes a product
derived from cannabis that is produced by means of heat and
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pressure or mechanical separations.
"Cannabis flower." The term:
(1) Includes cannabis, hashish or other substances
identified as including any parts of the plant Cannabis
sativa and derivatives or subspecies, including indica, of
all strains of cannabis, including raw kief, leaves and buds.
(2) Does not include resin that has been extracted from
any part of the plant or any compound, manufacture, salt,
derivative, mixture or preparation of the plant, the plant's
seeds or resin.
"Cannabis paraphernalia." Any equipment, product or material
which is primarily intended or designed for any of the
following:
(1) Use in vaporizing, ingesting, inhaling or otherwise
introducing a cannabis-infused edible and nonedible product
into the human body.
(2) Preparing, storing or containing cannabis.
"Cannabis testing facility." An entity registered by the
authority to test cannabis for potency and contaminants.
"Change in control." The acquisition by a person or group of
persons acting in concert of a controlling interest in an
applicant or permittee either all at one time or over the span
of a 12-consecutive-month period.
"Clone." A plant section from a female cannabis plant not
yet root-bound, growing in a water solution or other propagation
matrix, that can develop into a new plant.
"Controlling interest." Voting rights that entitle a person
to elect or appoint one or more of the members of the board of
directors or other governing board or the ownership or
beneficial holding of 5% or more of the securities of a publicly
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traded or privately held entity.
"Curbside." The transfer or dispensing of cannabis or a
cannabis-infused edible and nonedible product by an employee of
a cannabis business establishment to a vehicle located in the
parking area or to an individual at the entrance of the
facility.
"Disadvantaged business." A business that is owned or
controlled by a majority of persons, not limited to members of
minority groups, who are subject to racial or ethnic prejudice
or cultural bias.
"Dispensary." An establishment that is permitted by the
authority to acquire cannabis from a cultivation center or
microcultivation center or other dispensary for the purpose of
selling or dispensing cannabis, cannabis concentrates, cannabis-
infused edible and nonedible products, cannabis seeds, immature
cannabis plants, paraphernalia or related supplies to
individuals 21 years of age or older and medical patients as
permitted in Chapter 93 (relating to medical use of cannabis).
"Dispensary permit." A permit issued by the authority that
allows a person to act as a dispensary under this chapter,
Chapter 93 or any regulation promulgated in accordance with this
chapter.
"Disproportionately impacted area." Geographic areas, such
as, but not limited to, precincts, zip codes, neighborhoods, and
political subdivisions, reflecting a disparate enforcement of
cannabis prohibition, including, but not limited to, a history
of arrests, convictions, and other law enforcement practices,
during a certain time period, when compared to the rest of the
state. The authority shall issue guidelines to determine how to
assess which communities have been disproportionately impacted
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and how to assess if someone is a member of a disproportionately
impacted area.
"Diverse business." A disadvantaged business, minority-owned
or women-owned business or service-disabled veteran-owned or
veteran-owned small business that has been certified by a third-
party certifying organization.
"Enclosed, locked facility." A room, greenhouse, building or
other enclosed area equipped with locks or other security
devices that permit access only to cannabis business
establishment agents working for the permitted cannabis business
establishment or acting under this chapter to cultivate,
process, store or distribute adult-use cannabis.
"Enclosed, locked space." Space within a facility, building
or other enclosed area equipped with locks or other security
devices that permit access only to authorized individuals under
this chapter.
"Excipients." Solvents, chemicals or materials reported by a
cannabis business establishment and approved by the authority
for use in the processing of cannabis.
"Financial backer." An investor, mortgagee, bondholder, note
holder or other source of equity, capital or other assets, other
than a financial institution.
"Financial institution." As defined in section 3003.22(r) of
the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
Code of 1971.
"Flowering stage." The stage of cultivation where and when a
cannabis plant is cultivated to produce plant material for a
cannabis-infused edible and nonedible product. The term includes
mature plants if any of the following apply:
(1) More than two stigmas are visible at each internode
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of the plant.
(2) The cannabis plant is in an area that has been
intentionally deprived of light for a period of time intended
to produce flower buds and induce maturation, from the moment
the light deprivation began through the remainder of the
cannabis plant growth cycle.
"Form of cannabis." The characteristics of cannabis or
cannabis products, including the method of consumption and any
particular strain, variety and quantity or percentage of
cannabis or particular active ingredient.
"Harvest batch." A specifically identified quantity of
cannabis plant that is uniform in strain, cultivated utilizing
the same growing practices, harvested at the same time and at
the same location and cured under uniform conditions.
"Harvest lot." A specifically identified quantity of
cannabis plant taken from a harvest batch.
"Labor peace agreement." An agreement between an applicant or
a cannabis employer and a bona fide labor organization that
seeks to represent employees who perform one or more classes of
work to be performed pursuant to this contract, where such
agreement requires that the covered cannabis and the labor
organization and its members agree to the uninterrupted delivery
of services to be rendered pursuant to this contract and to
refrain from actions intended to or having the effect of
interrupting such services.
"Limited access area." A room or other area under the
control of a dispensary where adult-use cannabis sales occur
with access limited to individuals who are 21 years of age or
older.
"Member of an impacted family." An individual who has a
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parent, legal guardian, grandparent, child, sibling, spouse or
dependent or was a dependent of an individual who, prior to the
effective date of this definition, was arrested for, convicted
of or adjudicated delinquent for any offense that is eligible
for expungement under section 9199.11(b) (relating to cannabis
clean slate).
"Microcultivation center." A facility operated by a person
that is permitted to cultivate, dry, cure, extract, process, and
package adult-use cannabis, including cannabis-infused edible
and nonedible products and perform other necessary activities to
make adult-use cannabis available for sale at a dispensary.
"Microcultivation center permit." An authorization issued by
the authority to a person to conduct activities of a
microcultivation center under this chapter.
"Ordinary public view." Within the sight line of a normal
visual range of an individual, unassisted by visual aids, from a
public street or sidewalk adjacent to real property or from
within an adjacent property.
"Ownership and control." Ownership of at least 51% of a
business, including corporate stock of a corporation, and
control over the management and day-to-day operations of the
business and an interest in the capital, assets, profits and
losses of the business proportionate to the percentage of
ownership.
"Permittee." A person granted a permit under this chapter.
"Person." An individual, firm, partnership, association,
joint stock company, joint venture, public or private
corporation, limited liability company or a receiver, executor,
trustee, guardian or other representative appointed by order of
a court.
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"Possession limit." The amount of adult-use cannabis that
may be possessed at any one time by an individual 21 years of
age or older. This does not include purchases made by qualified
medical patients or qualified registered caregivers.
"Principal officer." As follows:
(1) An officer, director or person who directly owns
more than a 10% beneficial interest or ownership of the
securities of a cannabis business establishment applicant or
permittee or more than a 10% beneficial interest or ownership
of the securities of a cannabis business establishment
applicant or permittee that is a publicly traded company.
(2) A person that has a controlling interest in a
cannabis business establishment applicant or permittee or
that has the ability to elect the majority of the authority
of directors of a cannabis business establishment applicant
or permittee.
(3) A person that otherwise controls a cannabis business
establishment applicant or permittee.
(4) The term does not include a financial institution.
"Process lot." An amount of cannabis product of the same
type and processed using the same cannabis extract, standard
operating procedures and the same or combination of different
harvest lots.
"Remediation." The reprocessing of a manufactured cannabis-
infused product batch that has failed laboratory testing
conducted by a cannabis testing facility or the processing of
cannabis flower that has failed laboratory testing conducted by
a cannabis testing facility.
"Restricted access area." An area of a permitted cannabis
business establishment where only agents are allowed, with
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limited exceptions.
"Security." As defined in section 102(t) of the act of
December 5, 1972 (P.L.1280, No.284), known as the Pennsylvania
Securities Act of 1972.
"Seed-to-sale tracking system." A system designated by the
authority in accordance with section 9133(a)(9) (relating to
powers and duties of authority).
"Small business." An independently owned and operated for-
profit business that employs 25 or fewer employees and not a
subsidiary or affiliate of a corporation.
"Social and economic equity applicant." An applicant that
meets any of the following criteria:
(1) Is comprised of at least 75% ownership and control
by one or more individuals who have resided for at least five
of the preceding 10 years in a disproportionately impacted
area in this Commonwealth.
(2) Is comprised of at least 75% ownership and control
by one or more individuals who:
(i) have been arrested for, convicted of or
adjudicated delinquent for an offense that is eligible
for expungement under this chapter; or
(ii) are members of an impacted family.
(3) Is a veteran-owned small business.
"Social and economic equity dispensary permit." A dispensary
permit issued to a social and economic equity applicant.
"Tincture." A cannabis-infused solution, typically comprised
of alcohol, glycerin or vegetable oils derived either directly
from the cannabis plant or from a processed cannabis extract.
The term:
(1) Includes a calibrated dropper or other similar
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device capable of accurately measuring servings.
(2) Does not include an alcoholic liquor as used in the
act of April 12, 1951 (P.L.90, No.21), known as the Liquor
Code.
SUBCHAPTER B
LAWFUL USE AND AUTHORITY
Sec.
9110. Lawful use.
9111. Authority.
9112. Background checks.
§ 9110. Lawful use.
Notwithstanding any other provision of law, use or possession
of cannabis as specified under this chapter shall be lawful in
this Commonwealth.
§ 9111. Authority.
(a) Sole authority.--The authority shall have general and
sole regulatory authority over the conduct of medical and adult-
use cannabis or related activities as described in this chapter
and Chapter 93 (relating to medical use of cannabis) and shall
administer and enforce the provisions of these chapters. The
authority shall have all the powers necessary or convenient to
carry out and effectuate its purposes in administering the
adult-use and medical cannabis programs.
(b) Granted authority.--Notwithstanding any other provision
of law, an authority granted to a Commonwealth agency or
Commonwealth employee or appointee under Chapter 93 (relating to
medical use of cannabis) shall be given to the Commonwealth
agency or employee or appointee empowered to permit, discipline,
revoke, regulate or make regulations under this chapter.
§ 9112. Background checks.
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(a) Criminal history record check.--The authority shall,
through the Pennsylvania State Police, conduct a criminal
history record check of each prospective principal officer,
board member and agent of a cannabis business establishment
applying for a permit or agent identification card under this
chapter. The Pennsylvania State Police shall furnish, after a
positive identification, all Pennsylvania conviction information
and shall forward the national criminal history record
information to the authority. After the effective date of this
subsection, a principal officer, board member or agent of a
cannabis business establishment who is convicted of diverting
adult-use cannabis or cannabis-infused edible or nonedible
products or who intentionally dispenses adult-use cannabis or
cannabis-infused edible or nonedible products in a manner not
consistent with this chapter shall be deemed to have failed the
criminal history record check under this subsection and may not
be permitted or otherwise be employed by a cannabis business
establishment in this Commonwealth.
(b) Fingerprinting.--Each cannabis business establishment
prospective principal officer, board member or agent shall
submit fingerprints to the Pennsylvania State Police in the form
and manner prescribed by the Pennsylvania State Police. Unless
otherwise provided by Federal or State law, the fingerprints
under this subsection shall be transmitted through a live scan
fingerprint vendor and checked against the fingerprint records
filed in the Pennsylvania State Police and Federal Bureau of
Investigation criminal history records databases.
(c) Fee.--The Pennsylvania State Police shall charge a fee
for conducting the criminal history record check, which shall
not exceed the actual cost of the Commonwealth and national
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criminal history record check.
(d) Submission and initial employment.--When applying for
the initial permit or identification card, the background checks
for each prospective principal officer, board member and agent
of a cannabis business establishment may be completed concurrent
with submitting the application to the authority. An agent may
begin working at a cannabis business establishment while waiting
for the result of a background check.
(e) Construction.--Nothing in this section or chapter shall
be construed to prevent or otherwise inhibit the ability of an
otherwise qualified individual from serving as a principal
officer, board member or agent of a cannabis business
establishment on the sole basis of a nonviolent criminal
conviction related to cannabis.
(f) Certain convictions prohibited.--
(1) A prior conviction solely for a cannabis related
offense shall not disqualify an individual or otherwise
affect eligibility for licensure or employment, including
volunteering, as it related to permitted activities within
this chapter and chapter 93 (relating to medical use of
cannabis).
(2) The following individuals may not hold volunteer
positions or positions with remuneration in or be affiliated
with a cannabis business establishment, including a clinical
registrant under Ch. 93 Subch. I (relating to academic
clinical research centers and clinical registrants), in any
way if the individual has been convicted of a felony violent
crime:
(i) Financial backers.
(ii) Principals.
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(iii) Employees.
SUBCHAPTER C
PERSONAL USE OF CANNABIS
Sec.
9121. Personal use of cannabis, restrictions on cultivation and
penalties.
9122. Possession limits.
9123. Individuals younger than 21 years of age.
9124. Identification, false identification and penalty.
9125. Immunities and presumptions related to use of cannabis by
adult-use consumers.
9126. Discrimination prohibited.
9127. Limitations and penalties.
9128. Employment and employer liability.
§ 9121. Personal use of cannabis, restrictions on cultivation
and penalties.
Beginning 90 days after the effective date of this section,
notwithstanding any other provision of law and except as
otherwise specified under this chapter, the following acts shall
not be a violation of this chapter and shall not be a criminal
or civil offense under State law or an ordinance of a local
government unit of this Commonwealth or be a basis for seizure
or forfeiture of assets under State law for an individual other
than an individual younger than 21 years of age, unless that
individual, and the individual's caregiver, if applicable, is
authorized under Chapter 93 (relating to medical use of
cannabis) to:
(1) possess, consume, use, purchase, obtain or transport
cannabis in an amount for personal use that does not exceed
the possession limit or requirements of this chapter;
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(2) possess, use, obtain or transport cannabis
paraphernalia;
(3) transfer without remuneration, within lawful
possession limits, to an individual 21 years of age or older;
(4) control property if actions that are authorized by
this chapter occur on the property in accordance with this
chapter; and
(5) vaporize adult-use cannabis concentrate anywhere
smoking is permitted.
§ 9122. Possession limits.
(a) Limits.--Except as otherwise authorized under this
chapter, for an individual who is 21 years of age or older, the
possession limits for adult-use cannabis shall be as follows and
cumulative:
(1) Two and one-half ounces of cannabis flower.
(2) 1,000 milligrams of THC contained in cannabis-
infused edible or nonedible products.
(3) Fifteen grams of cannabis concentrate.
(b) Excess prohibited.--A person may not knowingly obtain,
seek to obtain or possess an amount of adult-use cannabis from a
dispensary that would exceed the possession limit under this
section. Except as otherwise provided in this chapter and
Chapter 93 (relating to medical use of cannabis), a person 21
years of age or older that is found to be in possession of an
amount of adult-use cannabis that exceeds the possession limit
is subject to the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act.
(c) Exception.--Cannabis and cannabis-derived substances
regulated under 3 Pa.C.S. Chs. 7 (relating to industrial hemp
research) and 15 (relating to controlled plants and noxious
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weeds) and the Agriculture Improvement Act of 2018 (Public Law
115-334, 132 Stat. 4490) shall not apply to this section.
§ 9123. Individuals younger than 21 years of age.
(a) Prohibition.--An individual younger than 21 years of age
commits a summary offense by attempting to purchase, purchasing,
consuming, possessing, knowingly and intentionally transporting,
or growing adult-use cannabis. This section does not prohibit
the use of medical cannabis by qualified registered patients
under chapter 93 (relating to medical use of cannabis).
(b) Penalties for underage cannabis offenses.--
(1) An individual who violates subsection (a) may be
sentenced to pay a fine of not more than $500 for the first
offense and not more than $1,000 for a second offense and
each subsequent violation.
(2) A State or local law enforcement agency shall keep a
record of a violation of subsection (a) in a repository or
database separate from a repository or database with other
law enforcement records. A record of a violation of
subsection (a) shall only be used to determine if an
individual committed a subsequent violation of subsection
(a). A State or local law enforcement agency shall destroy a
record of a violation of subsection (a) when the individual
who committed the offense attains 21 years of age.
(3) A State or local law enforcement agency responsible
for enforcing a violation of subsection (a) shall notify the
parent or guardian of the individual who committed the
offense if the individual is younger than 18 years of age.
(4) When an individual is charged for violating
subsection (a), the magisterial district judge may admit the
offender to the adjudication alternative program as
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authorized under 42 Pa.C.S. § 1520 (relating to adjudication
alternative program) or any other preadjudication disposition
if the individual has not previously received a
preadjudication disposition for violating subsection (a).
(c) Intentional transfer or possession to underage
individual.--An individual 21 years of age or older who
intentionally transfers adult-use cannabis, with or without
remuneration, to an individual younger than 21 years of age or
intentionally allows an individual younger than 21 years of age
to purchase, possess, use, process, transport, grow or consume
adult-use cannabis may be disqualified from purchasing adult-use
cannabis as authorized under this chapter in addition to being
subject to additional criminal or civil penalties under State
law. The authority shall promulgate regulations to implement
this subsection for the purpose of notifying dispensaries of a
disqualification under this subsection and the penalties that
may be imposed against a cannabis business establishment or
agent for intentionally transferring adult-use cannabis to an
individual younger than 21 years of age.
§ 9124. Identification, false identification and penalty.
(a) No personal information required.--To protect personal
privacy, the authority may not require an adult-use consumer to
provide a dispensary with personal information other than for
the purpose of verifying the adult-use consumer's age by means
of a government-issued identification. A dispensary may not
obtain or record personal information about adult-use consumer
without the adult-use consumer's consent.
(b) Scanning identification.--A dispensary shall use an
electronic reader or electronic scanning device to scan a
purchaser's government-issued identification to determine the
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adult-use consumer's age and the validity of the identification.
A cannabis business establishment may operate for temporary
periods without an operational electronic reader or electronic
scanning device if a process is implemented to determine the
adult-use consumer's age and the validity of identification.
§ 9125. Immunities and presumptions related to use of cannabis
by adult-use consumers.
(a) Penalty applicability.--An adult-use consumer shall not
be subject to arrest, prosecution, denial of a right or
privilege or other punishment, including a civil penalty or
disciplinary action taken by licensing or permitting board,
based solely on any of the following:
(1) The use or possession of adult-use cannabis, if:
(i) the adult-use consumer possesses an amount of
adult-use cannabis that does not exceed the possession
limit under this chapter; and
(ii) the use of cannabis does not impair the adult-
use consumer when engaged in the practice of the
profession for which the adult-use consumer is licensed,
permitted, certified or registered.
(2) Selling cannabis paraphernalia if employed and
authorized as an agent by a permitted dispensary.
(3) Being in the presence or vicinity of the use of
adult-use cannabis or cannabis paraphernalia as authorized
under this chapter.
(4) Possessing cannabis paraphernalia.
(b) Determination of probable cause.--
(1) Possession of or application for authorization to
work as a cannabis business establishment agent or the agent
identification card shall not:
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(i) constitute probable cause or reasonable
suspicion to believe that a crime has been committed; or
(ii) be used as the sole basis to support the search
of the person, property or residence of the individual
authorized to work as a cannabis business establishment
agent, possessing an agent identification card or
applying for authorization to work as an agent.
(2) The possession of or application for authorization
to work as a cannabis business establishment agent or
possession of an agent identification card shall not preclude
the existence of probable cause if probable cause exists
based on other grounds.
(c) Reliance.--An individual employed by the Commonwealth or
a local government unit shall not be subject to criminal or
civil penalties for taking an action in good faith in reliance
on the provisions of this chapter when acting within the scope
of employment.
(d) Law enforcement liability.--A law enforcement or
correctional agency, or an employee of a law enforcement or
correctional agency, shall not be subject to criminal or civil
liability, except for willful and wanton misconduct, as a result
of taking an action within the scope of the official duties of
the law enforcement or correctional agency or employee to
prohibit or prevent the possession or use of adult-use cannabis
by any of the following:
(1) An individual incarcerated at a correctional
institution, county jail or other facility under the
supervision of the Department of Corrections.
(2) An individual on parole or mandatory supervised
release or otherwise under the lawful jurisdiction of the law
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enforcement or correctional agency or employee.
(e) Medical care.--For the purpose of receiving medical
care, including an organ transplant, an individual's use of
cannabis under this chapter shall not constitute the use of an
illicit substance or otherwise disqualify an individual from
medical care.
(f) Firearms possession.--A lawful adult-use consumer or
possessor of adult-use cannabis under this chapter or a patient
may not be prohibited or otherwise restricted from lawful
firearm ownership. The Pennsylvania State Police shall take
measures to revise firearms applications or take other necessary
actions to ensure compliance with this chapter.
(g) Child custody.--The purchase or possession of adult-use
cannabis shall not be a determining factor in a child custody
matter. The record of a legal purchase of adult-use cannabis
shall not be subject to disclosure solely due to a custody
action.
§ 9126. Discrimination prohibited.
(a) Child welfare.--The presence of cannabinoid component or
metabolites in an individual's bodily fluids, possession of
cannabis-related paraphernalia, conduct related to the use of
cannabis or the participation in cannabis-related activities
authorized under this chapter by a custodial or noncustodial
parent, grandparent, legal guardian, foster parent or other
individual charged with the well-being of a child, may not form
the sole, primary basis or supporting basis for an action or
proceeding by a child welfare agency or family or juvenile
court. Unless the individual's actions in relation to cannabis
create an unreasonable danger to the safety of the child or
otherwise show the individual is not competent as established by
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clear and convincing evidence, the prohibition under this
subsection shall include any of the following:
(1) An adverse finding, evidence or restriction of a
right or privilege in a proceeding related to the adoption of
a child.
(2) A fitness determination or a determination related
to a foster parent, guardianship, conservatorship or
trusteeship.
(3) The execution of a will or the management of an
estate.
(b) Landlords.--A landlord may not be penalized or denied a
benefit of leasing to an individual who uses cannabis under this
chapter.
(c) Use in private area.--Nothing in this chapter may be
construed to require a person or establishment in lawful
possession of property to allow a guest, client, lessee, adult-
use consumer or visitor to use cannabis on or in that property,
including on land owned in whole or in part or managed in whole
or in part by the Commonwealth.
§ 9127. Limitations and penalties.
(a) General limitations.--This chapter shall not permit an
individual to engage in and shall not prevent the imposition of
a civil, criminal or other penalty for engaging in any of the
following:
(1) Undertaking a task under the influence of cannabis
when doing so would constitute negligence, professional
malpractice or professional misconduct.
(2) Possessing cannabis:
(i) in a school bus;
(ii) on the grounds of a preschool or primary or
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secondary school;
(iii) in a correctional institution;
(iv) in a vehicle not open to the public unless the
cannabis is in a cannabis container and reasonably
inaccessible while the vehicle is moving; or
(v) in a private residence that is used at any time
to provide permitted childcare or other similar social
service care on the premises.
(3) Using cannabis:
(i) on a school bus;
(ii) on the grounds of a preschool or primary or
secondary school;
(iii) in a correctional institution;
(iv) in a motor vehicle;
(v) in a private residence that is used at any time
to provide permitted child care or other similar social
service care on the premises; or
(vi) knowingly in close physical proximity to an
individual younger than 21 years of age.
(4) Operating, navigating or being in actual physical
control of any motor vehicle, aircraft, watercraft or
snowmobile while using or under the influence of cannabis.
(5) Facilitating the use of cannabis by an individual
who is not authorized to use cannabis.
(6) Transferring cannabis to an individual in violation
of this chapter.
(7) The use of cannabis by a law enforcement officer,
constable, corrections officer, probation officer or
firefighter while on duty.
(8) The use of cannabis by an individual who has a
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commercial driver's license while on duty.
(b) Business restriction.--Nothing in this chapter shall
prevent a private business from restricting or prohibiting the
use of cannabis on business property, including areas where
motor vehicles are parked.
(c) Supremacy implication.--Nothing in this chapter shall
authorize or otherwise require an individual or business entity
to violate Federal law, including the ability to consume
cannabis in public housing or on college or university campuses.
(d) THC limitations.--A person may not sell, offer for sale,
dispense, process, manufacture, market, advertise or distribute
cannabis or a product intended for consumption or inhalation in
excess of the THC concentrations and limits prescribed, unless
permitted and authorized under this part.
(e) Cannabinoid product limitations.--A person may not sell,
dispense, process, manufacture or distribute a cannabinoid
product that is not derived from naturally occurring
biologically active chemical constituents.
(f) Penalties.--A person who violates subsection (d) or (e)
is guilty of a misdemeanor of the third degree. Upon conviction,
the court may sentence the person to a pay a fine not to exceed
$10,000 for each offense under subsection (d) or (e).
§ 9128. Employment and employer liability.
(a) Workplace policies.--Nothing in this chapter shall
prohibit an employer from adopting reasonable zero-tolerance
policies, drug-free workplace policies or employment policies
concerning testing, smoking, consuming, storing or using
cannabis in the workplace or while on call, if the policies are
applied in a nondiscriminatory manner. Nothing in this chapter
shall require an employer to permit an employee to be under the
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influence of or use cannabis in the employer's workplace or
while performing the employee's job duties or while on call.
(b) Violations of employer policies.--Nothing in this
chapter shall limit or prevent an employer from disciplining an
employee or terminating employment of an employee for violating
an employer's employment policies or workplace drug policy.
Nothing in this chapter shall be construed to interfere with any
Federal, State or local restrictions on employment.
SUBCHAPTER D
KEYSTONE CANNABIS AUTHORITY
Sec.
9131. Establishment of the Keystone Cannabis Authority.
9132. Applicability of other statutes.
9133. Powers and duties of authority.
9134. Regulations.
9135. Temporary regulations.
9136. Confidentiality and public disclosure.
9137. Unauthorized activities and civil penalties.
9138. Community Opportunity Fund.
9139. Governing practice and procedure.
§ 9131. Program establishment.
(a) Establishment.--The Keystone Cannabis Authority is
established as a body corporate and politic constituting a
public corporation and government instrumentality.
(b) Management.--The board shall exercise the powers of the
authority.
(c) Transfer.--The Department of Health's oversight of the
medical cannabis program established under Chapter 93 (relating
to medical use of cannabis) shall be transferred to the
authority within 90 days of the effective date of this
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subsection. All authority, information, documents, databases and
necessary information of the medical cannabis program shall be
transferred to the authority within 90 days of the effective
date of this subsection. The failure of the Department of Health
to timely transfer its authority, information, documents,
databases and necessary information of the medical cannabis
program to the authority shall not delay or inhibit the ability
of a current medical cannabis business establishment on the
effective date of this subsection from commencing adult use
operations.
(d) Members.--The authority shall be governed by a board
consisting of seven members selected as follows:
(1) Three members appointed by the Governor, two of
which shall consist of the following:
(i) a member who represents labor; and
(ii) a member who represents persons involved in
social and economic equity.
(2) One member appointed by each of the following:
(i) the President pro tempore of the Senate;
(ii) the Speaker of the House of Representatives;
(iii) the Minority Leader of the Senate; and
(iv) the Minority Leader of the House of
Representatives.
(e) Terms.--Each board member shall serve for a term of
three years.
(f) Vacancy.--If a vacancy occurs on the board or when a
board member's term expires, the remaining members of the board
shall appoint a successor member of the board within 60 days of
the vacancy.
(g) Compensation.--A member of the board shall be entitled
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to compensation not to exceed the amount of 75% of the
compensation paid to members of the General Assembly under
section 4 of the act of September 30, 1983 (P.L.160, No.39),
known as the Public Official Compensation Law, and as updated
for cost-of-living adjustments published annually in the
Pennsylvania Bulletin. A member of the board may decline to
receive compensation under this subsection. Each board member
shall be entitled for reimbursement of expenses actually
incurred in the performance of official duties of the board.
(h) Ethics.--The authority shall establish a code of ethics
for all members and employees. A copy of the code shall be filed
with the Pennsylvania State Ethics Commission. The code shall
include provisions reasonably necessary to carry out the
purposes of this section and any other laws subject to the
jurisdiction of the authority including, but not limited to:
(1) Prohibiting the receipt of gifts by board members
and employees from a cannabis business establishment or
medical cannabis business establishment, applicant, affiliate
or other person or entity subject to the jurisdiction of the
authority.
(2) Prohibiting the participation by board members and
employees in a particular matter that affects the financial
interest of a relative within the third degree of
consanguinity or a person with whom the board member or
employee has a significant relationship.
(3) Providing for recusal of a board member in a
licensing decision due to a potential conflict of interest.
(i) Removal of members.--A member of the authority may be
removed by a majority vote of the board for substantial neglect
of duty, inability to discharge the powers and duties of office
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or gross misconduct or conviction of a felony.
(j) Liability.--A member of the board shall not be liable
personally on any obligation of the board or authority.
(k) Organization.--
(1) The board shall select a chairperson of the board by
majority vote of the members of the board.
(2) In the case of absence during a meeting of the
board, the chairperson of the board may designate another
member to serve as a substitute chairperson.
(l) Quorum.--
(1) A majority of the members of the board shall
constitute a quorum of the board for the purpose of
organizing the authority and conducting official business.
(2) Only members of the board who are physically present
at a meeting of the board or able to participate fully in the
deliberations by appropriate telecommunications means shall
count toward a quorum of the board.
(3) If a quorum is not present, a hearing of the board
may still take place.
(m) Voting.--Official action shall be taken by a vote of a
majority of the members of the board present to otherwise fully
participating at a meeting of the board.
(n) Advisory committees and subcommittees.--
(1) Advisory committees and subcommittees may be formed
to advise and assist the work of the board.
(2) The chairperson of the board may appoint advisory
committees that may consist of members, nonmembers, outside
experts and staff of the board.
(3) Only a board member may be the chairperson of
advisory committee.
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(4) An advisory committee or subcommittee may be formed
to address and make recommendations on subjects determined by
the board, including, but not limited to, any of the
following topics:
(i) Public health and wellness
(ii) Community safety and well-being.
(iii) Judicial and carceral systems.
(iv) Education.
(v) Housing.
(vi) Employment.
(vii) Business and entrepreneurship.
(viii) Agriculture and food systems.
(ix) Medical marijuana program efficiency.
(5) Each department, agency, office or other entity of
the Commonwealth may cooperate and provide the authority or
its advisory committees or subcommittees with staff and
expertise to assist the authority in carrying out the powers
and duties under this act.
(6) Recognized experts in the subject matter of an
advisory committee or subcommittee of the board may be
appointed to advise and assist the advisory committee or
subcommittee by the board.
(o) Meetings.--
(1) The board shall meet at the call of the chairperson.
(2) The board and each advisory committee or
subcommittee of the board shall meet as often as deemed
necessary.
(3) Within 90 days of the appointment of the initial
members of the board, the board shall conduct its first
meeting.
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(p) Office of Social Equity.--
(1) The authority shall establish an Office of Social
Equity. The governor shall appoint a director of the Office
of Social Equity.
(2) The director of the Office of Social Equity shall
report directly to the governor.
(3) The Office of Social Equity may employ staff and
retain contractors as may be required to carry out the
functions of the office.
(4) The Office of Social Equity shall:
(i) Promote and encourage full participation in the
regulated cannabis industry by persons from
disproportionately impacted areas to positively impact
those communities;
(ii) Consult with and assist the authority in the
administration of the Community Opportunity Fund.
§ 9132. Applicability of other statutes.
The authority shall be subject to the following acts:
(1) The act of July 19, 1957 (P.L.1017, No.451), known
as the State Adverse Interest Act.
(2) The act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to
open meetings) and 11 (relating to ethics standards and
financial disclosure).
§ 9133. Powers and duties of authority.
(a) Authority duties.--The authority shall:
(1) Adopt bylaws and guidelines as necessary.
(2) Appoint committees and subcommittees as necessary.
(3) Employ staff, including an executive director. The
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following apply:
(i) An individual employed by the authority shall be
an employee of the Commonwealth.
(ii) The commission may provide administrative
assistance to the authority.
(iii) The authority may contract with persons,
including legal counsel, consultants, advisors, agents,
accountants, auditors, financial experts or service
providers, as deemed necessary and at the discretion of
the authority. Contracted professionals shall report
directly to the authority.
(4) Schedule and initiate a process to promulgate new
regulations or modify regulations.
(5) Hold public hearings on proposed regulations.
(6) Issue permits to cannabis business establishments to
authorize the cannabis business establishments to cultivate,
process, transport and dispense medical and adult-use
cannabis and ensure compliance with this chapter and Chapter
93 (relating to medical use of cannabis).
(7) Register cannabis business establishment agents and
ensure compliance with this chapter Chapter 93.
(8) Have regulatory and enforcement authority over the
cultivating, processing, transporting, dispensing and using
of medical and adult-use cannabis in this Commonwealth.
(9) Designate and mandate compliance with a seed-to-sale
tracking system, which shall not be required to be utilized
as a point-of-sale system, to include activities and
information relating to cannabis business establishments and
electronic tracking of all adult-use cannabis and medical
cannabis under this chapter and Chapter 93 for the purpose of
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ensuring that no cannabis or cannabis-infused edible and
cannabis-infused nonedible products are sold or otherwise
transferred, except as authorized by law and to aid the
authority in ensuring compliance with this act. This system
shall be the system of record or a secondary electronic
tracking system used by a cannabis business establishment or
testing laboratory that meets all of the following criteria:
(i) The system captures everything that happens to a
cannabis plant from seed and cultivation through the
growth, harvest and manufacturing of cannabis and
cannabis-infused edible and nonedible products, including
testing and transportation, to final sale.
(ii) The system uses unique plant identification and
unique batch identification for the purpose of
identifying cannabis goods and related data.
(iii) The system has the ability to track the
involvement of an agent or permittee with adult-use
cannabis and cannabis-infused edible and nonedible
products.
(iv) The system is integrated with a secondary
system used by a cannabis business establishment or a
cannabis testing facility, if applicable, in a form and
manner determined by the authority.
(v) The system allows for two-way communication,
automation and a secure application-programming interface
with a cannabis business establishment's enterprise
resource planning, inventory, accounting and point-of-
sale software.
(vi) The system includes a secure application
program interface capable of accessing all data required
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to be transmitted to the authority to ensure compliance
with the operational reporting requirements specified
under this chapter and any regulations promulgated by the
authority.
(vii) The system prohibits any owner or beneficiary
of a seed-to-sale system provider from being the owner of
a cannabis business establishment.
(10) Develop recordkeeping requirements for all books
and papers, any seed-to-sale tracking system data and other
information of a cannabis business establishment for a period
of four years unless otherwise provided by the authority.
(11) Develop enforcement procedures, including announced
and unannounced inspections of facilities and records of a
cannabis business establishment.
(12) Oversee enforcement actions over permittees,
including holding hearings of appeals within 90 days of the
filing of an appeal.
(13) Develop and implement a comprehensive social equity
and economic development program in partnership with the
Office of Social Equity, which shall have the duty of
conducting oversight of grants and loans under Subchapter E
(relating to social and economic equity).
(14) Approve the members of the board related to actions
performed under this chapter and Chapter 93.
(15) Establish and maintain public outreach programs
about medical and adult-use cannabis programs.
(16) Collaborate as necessary with other Commonwealth
agencies and departments or contract with third parties as
necessary to carry out the provisions of this chapter.
(17) Develop strategies and procedures to prohibit the
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illicit cannabis market, including enforcement actions and
coordination with other government agencies to prohibit
unauthorized cannabis distribution and sales within the
Commonwealth.
(18) Develop and publish regulatory guidelines regarding
permitted excipients to be used in the processing of
cannabis.
(19) Commission an initial comprehensive market analysis
within 180 days of appointment, which shall be complete
within one year of commencement of the adult-use cannabis
program.
(20) Conduct comprehensive market analyzes every three
years.
(21) Establish and maintain a publicly accessible
Internet website that includes information related to adult
use cannabis as determined by the authority and required by
this chapter.
(22) Establish fines, fees and disciplinary action for
noncompliance with the seed-to-sale tracking system
requirements, including penalties.
(23) Establish a process for selecting a seed-to-sale
tracking system provider that, in addition to following
existing requirements in law and rules pertaining to the
selection of vendors to the State and authority, shall assess
the potential vendor's ability to provide:
(i) Comprehensive tracking of each cannabis plant
and cannabis or cannabis-infused edible and c annabis-
infused nonedible product.
(ii) Recent relevant experience in providing seed-
to-sale tracking services for cannabis plants and
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cannabis or cannabis-infused edible and c annabis-infused
nonedible products in other states, including a reporting
of any state contracts won and, if so, any state
contracts renewed at term.
(iii) Training and continued technical support to
the authority and any cannabis business establishment
permit holder.
(iv) Integration of third-party software solutions
into the seed-to-tracking system designated by the
authority. The use of any third-party tracking system
that integrates with the seed-to-sale tracking system
designated by the authority shall not relieve any
cannabis business establishment permit holder from
complying with the mandated use of the seed-to-sale
tracking system designated by the authority.
(v) List affiliations, including the parent company,
any equity holder of more than 5% and shared officers.
(24) Issue a competitive procurement to implement,
operate and maintain the seed-to-sale tracking system. The
procurement process shall be initiated immediately after the
effective date of this chapter and shall be in place once the
adult-use program is begun.
(25) Beginning January 1, 2026, and each year
thereafter, publish a written report on the authority's
publicly accessible Internet website, including a summary of
the supply chain activity using data obtained from the seed-
to-sale tracking system designated by the authority which
contains:
(i) Annual Statewide sales of cannabis or cannabis-
infused edible and c annabis-infused nonedible products.
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(ii) Total number of cultivated plants in the State.
(iii) Total number of plants in a vegetative state.
(iv) Total weight of harvested material.
(v) Average price per gram for cannabis or cannabis-
infused edible and c annabis-infused nonedible products.
(vi) Total number of cannabis plants or cannabis or
cannabis-infused edible and c annabis-infused nonedible
product recalls.
(vii) Whether or not all other public safety
concerns were addressed during the previous reporting
year.
(b) (Reserved).
§ 9134. Regulations.
(a) Promulgation.--The authority shall promulgate
regulations, with input from industry stakeholders, to implement
the provisions of this chapter and Chapter 93 (relating to
medical use of cannabis), including all of the following:
(1) The types of permits issued under this chapter,
including the following types of permits:
(i) Cultivation/processing.
(ii) Microcultivation.
(iii) Dispensing.
(iv) Testing.
(2) The methods and forms of permit applications,
including timeline, fees and minimum requirements.
(3) The policies and procedures to prioritize, promote
and encourage diversity and full participation by individuals
from communities that have been disproportionately harmed by
cannabis prohibition and cannabis enforcement prohibition.
(4) Procedures to process and competitively score permit
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applications.
(5) Procedures to process administrative requests,
including changes of ownership and location.
(6) Security procedures for cannabis business
establishments.
(7) Enforcement procedures, including fines, suspensions
and revocations.
(8) Ownership and financial disclosure procedures and
requirements for cannabis business establishments, including
recordkeeping requirements.
(9) Procedures and requirements concerning the
divestiture of a beneficial ownership interest by a person
found unqualified.
(10) Procedures, processes and requirements for
transfers of ownership, including the involvement of a
publicly traded corporation.
(11) Combining the medical program under Chapter 93 and
adult-use cannabis program under this chapter.
(12) Seed-to-sale tracking system procedures.
(13) Procedures and requirements for curbside pickup
services offered by dispensaries.
(14) Transportation requirements, including:
(i) Establishing procedures and requirements for
home delivery services by dispensaries.
(ii) A requirement that transportation between
cannabis business establishments occurs in secured
vehicles, but allowing for transportation in vehicles
other than those owned and operated by cannabis business
establishments for adult-use consumers to transport
cannabis.
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(iii) Details required on transportation manifests.
(iv) Policies encouraging bulk shipment where
appropriate.
(15) Labeling requirements, including:
(i) A product QR code generated by the
Commonwealth's seed-to-sale tracking system provider with
the purpose of providing additional product information
to the consumer.
(ii) A warning to prevent accidental or youth
consumption.
(iii) A universal symbol, approved by the ASTM
International, indicating the product contains cannabis.
(16) Cannabis-infused edible product requirements,
including the following:
(i) Ensuring that products are not likely to appeal
to minors.
(ii) Product safety regulations, including the
requiring of best manufacturing practices and appropriate
testing.
(iii) Standards for creating clearly delineated
individual servings.
(17) Advertising and marketing regulations that balance
the ability of a cannabis business establishment to engage in
reasonable marketing and promotional activities while:
(i) Ensuring that advertising and marketing does not
target minors.
(ii) Reasonably restricting access to minors by
taking steps to ensure that the audience will be
predominantly over 21 years of age for advertising and
marketing.
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(18) Product safety regulations, including:
(i) Regulations consistent with best practices for
food products, except where necessary modifications are
required due to the active compounds in the cannabis
plant.
(ii) Standards for packaging to address freshness,
tamper evidence and limiting access to children.
(iii) Standard symbols and warnings where the
authority shall review symbols and warnings from other
jurisdictions where cannabis sales are permitted.
(iv) A prohibition on packaging that is likely to
appeal to minors.
(19) Procedures for the investigation and enforcement of
unregulated and unpermitted cultivation, processing,
manufacturing, sale, dispensing or distribution of cannabis,
cannabis-infused edible or nonedible products or products
intended for consumption or inhalation in violation of this
part.
(b) Compliance deadline.--A permittee shall have 180 days
from the effective date of a new regulation promulgated by the
authority under this section to comply with the new regulation.
§ 9135. Temporary regulations.
(a) Promulgation.--The authority shall promulgate temporary
regulations no later than 90 days from the effective date of
this subsection. If the authority fails to promulgate temporary
regulations under this subsection, the failure shall not delay
or inhibit the ability of a current medical cannabis business
establishment on the effective date of this subsection from
commencing adult-use cannabis operations. The temporary
regulations under this subsection shall expire not later than
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two years after the effective date of this subsection and shall
not be subject to any of the following:
(1) Section 612 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(2) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(3) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(4) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(b) Compliance deadline.--A current medical cannabis
business establishment on the effective date of this subsection
that is authorized to cultivate, process, dispense or transport
cannabis under this chapter shall have 180 days from the
effective date of a new temporary regulation promulgated by the
authority under subsection (a) to comply with the temporary
regulation.
§ 9136. Confidentiality and public disclosure.
(a) Exempt from access.--All personal information obtained
by the authority relating to agents or adult-use consumers shall
be exempt from access under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law.
(b) Public records.--
(1) Records are public records and shall be accessible
for inspection and duplication in accordance with the Right-
to-Know Law:
(i) Applications for permits submitted by a cannabis
business establishment.
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(ii) Information relating to penalties or other
disciplinary actions taken against a cannabis business
establishment or agent by the authority for violation of
this chapter.
(2) Private, security-related and trade secret
information is not subject to disclosure under this section.
§ 9137. Unauthorized activities and civil penalties.
(a) Unauthorized activities.--In addition to any other
penalty provided by Federal or State law, a person who
cultivates, processes, distributes, sells or offers for sale
adult-use cannabis, cannabis-infused edible or nonedible
products, cannabis concentrates, cannabis flower or any product
intended for consumption or inhalation in violation of section
9127 (relating to limitations and penalties) without a permit
issued by the authority shall be subject to a civil penalty not
to exceed $10,000 for each offense. Each day a person engages in
unauthorized activity under this subsection shall constitute a
separate offense.
(b) Enforcement.--The Attorney General, the authority, a
State or local law enforcement agency or a local government unit
may investigate an unauthorized activity under subsection (a)
and engage in enforcement measures, including entering into an
intergovernmental agreement to prevent the conduct of an
unauthorized activity under subsection (a).
(c) Suspension or revocation.--In addition to any other
penalty provided by Federal or State law, upon the conduct of a
third or subsequent unauthorized activity under subsection (a),
a local government unit may suspend or revoke the business
license of the person who engaged in the unauthorized activity.
(d) Violations.--A violation of subsection (a) is an unfair
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or deceptive act or practice under the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law. All remedies, penalties and authority
granted to the Attorney General under that act shall be
available for the enforcement of this chapter.
(e) Actions.--In addition to the authority granted to the
Attorney General under this section, any business or consumer
injured by a violation of subsection (a) may bring an action to
enjoin a business retailing, cultivating, manufacturing,
distributing or possessing adult-use cannabis without a permit
and to recover actual damages sustained. A court shall enter
judgment in an amount equal to three times actual damages and
shall have discretion to award punitive damages in an amount
commensurate with actual damages. The court shall award attorney
fees and costs to the prevailing party.
§ 9138. Community Opportunity Fund.
(a) Establishment.--The Community Opportunity Fund is
established in the State Treasury. Money in the Community
Opportunity Fund is appropriated on a continuing basis for the
purposes specified under this section and shall not lapse.
(b) Deposits.--Certain fees payable under this chapter shall
be deposited into the Community Opportunity Fund as specified
under this chapter. In addition, $3,000,000 of gross receipts of
revenue deposited into the Cannabis Regulation Fund shall be
transferred to the Community Opportunity Fund. The money
deposited into the Community Opportunity Fund may only be used
for the purposes specified under this chapter. Any interest
accrued shall be deposited into the Community Opportunity Fund.
(c) Investment.--The authority, in partnership with the
Office of Social Equity, shall direct the investment of the
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Community Opportunity Fund. The State Treasurer shall credit to
the Community Opportunity Fund interest and earnings from
Community Opportunity Fund investment.
(d) Administrator.--The authority shall be the administrator
of the Community Opportunity Fund for auditing purposes.
(e) Purposes.--Money in the Community Opportunity Fund shall
be used for any of the following purposes:
(1) Providing low-interest-rate or zero-interest-rate
loans to qualified social and economic equity applicants to
pay for ordinary and necessary expenses to start and operate
a cannabis business establishment.
(2) Providing grants to qualified social and economic
equity applicants to pay for ordinary and necessary expenses
to start and operate a cannabis business establishment.
(3) Paying for outreach that may be provided or targeted
to attract and support social and economic equity applicants.
(4) Conducting studies or research concerning the
participation of minorities, women, veterans or individuals
with disabilities in the adult-use cannabis industry,
including barriers to individuals entering the industry as
equity owners of a cannabis business establishment.
(5) Assisting with job training and technical assistance
in disproportionately impacted areas.
(6) Assisting community organizations, offender reentry
programs, workforce development programs and other community
or advocacy programs in disproportionately impacted areas.
(f) Additional deposits.--All fees collected upon approval
of a dispensary permit and adult-use cultivation center permit
for current medical cannabis business establishments and
remunerations made as a result of transfers of permits awarded
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to qualified social and economic equity applicants shall be
deposited into the Community Opportunity Fund.
(g) Transfers.--As soon as practical, but not to exceed 90
days after the effective date of this subsection, the State
Treasurer shall transfer no less than eighty percent of the
total balance of the Medical Marijuana Program Fund into the
Community Opportunity Fund.
(h) Prohibition.--Notwithstanding any other provision of
law, the Community Opportunity Fund shall not be subject to
sweeps, administrative charge-backs or any other fiscal or
budgetary maneuver that would transfer money from the Community
Opportunity Fund into any other fund of the Commonwealth.
§ 9139. Governing practice and procedure.
The provisions of 2 Pa.C.S. (relating to administrative law
and procedure) shall apply to all actions of the authority under
this chapter constituting an adjudication as defined in 2
Pa.C.S. § 101 (relating to definitions).
SUBCHAPTER E
SOCIAL AND ECONOMIC EQUITY
Sec.
9141. Social and economic equity.
9142. Loans and grants to social and economic equity
applicants.
9143. Fee waivers.
9144. Transfer of permit awarded to qualified social and
economic equity applicant.
§ 9141. Social and economic equity.
The authority shall promote and take any necessary action to
ensure social and economic equity in the adult-use cannabis
industry in this Commonwealth. The authority shall partner with
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the Office of Social Equity in facilitating the loans and grants
under this chapter.
§ 9142. Loans and grants to social and economic equity
applicants.
(a) Loan and grant programs.--The authority, in partnership
with the Office of Social Equity, shall establish loan and grant
programs, subject to appropriations from the Community
Opportunity Fund, for the purposes of providing financial
assistance, loans, grants and technical assistance to social and
economic equity applicants. The authority, in partnership with
the Office of Social Equity may:
(1) provide cannabis social and economic equity loans
and grants from appropriations from the Community Opportunity
Fund to assist qualified social and economic equity
applicants in the Commonwealth's regulated adult-use cannabis
marketplace;
(2) enter into agreements that state the terms and
conditions of the financial assistance, accept money or
grants and engage in cooperation with private entities and
Commonwealth agencies or local government to carry out the
purposes of this section;
(3) fix, determine, charge and collect any premiums,
fees, charges, costs and expenses, including application
fees, commitment fees, program fees, financing charges or
publication fees, in connection with the Office of Social
Equity's activities under this section;
(4) coordinate assistance under loan programs with
activities of the authority and other Commonwealth agencies
as needed to maximize the effectiveness and efficiency of
this chapter;
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(5) provide staff, administration and related support
required to administer this section;
(6) take other necessary or appropriate actions to
protect the Commonwealth's interest in the event of
bankruptcy, default, foreclosure or noncompliance with the
terms and conditions of financial assistance provided under
this section, including the ability to recapture money if the
recipient is found to be in noncompliance with the terms and
conditions of the financial assistance agreement;
(7) establish application, notification, contract and
other forms, procedures or regulations deemed necessary and
appropriate; and
(8) utilize vendors or contract work to implement this
chapter.
(b) Conditions.--Loans made under this section shall meet
all of the following criteria:
(1) May only be granted if, in the judgment of the
authority and Office of Social Equity, the project furthers
the goals specified under this chapter.
(2) Be in a principal amount and form and contain terms
and provisions with respect to security, insurance,
reporting, delinquency charges, default remedies and other
matters as the authority and Office of Social Equity shall
determine appropriate to protect the public interest and to
be consistent with the purposes of this section.
(c) Award.--Grants made under this section shall be awarded
on a competitive and annual basis and shall further and promote
the goals of this chapter, including promotion of social and
economic equity applicants, job training and workforce
development and technical assistance to social and economic
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equity applicants.
(d) Annual report.--Beginning January 1, 2026, and each year
thereafter, the Office of Social Equity shall annually report to
the Governor, the General Assembly and the authority, the
outcomes and effectiveness of this section, including all of the
following:
(1) The number of persons or businesses receiving
financial assistance under this section.
(2) The amount in financial assistance awarded in the
aggregate, in addition to the amount of loans made that are
outstanding and the amount of grants awarded.
(3) The location of the project engaged in by the person
or business.
(4) If applicable, the number of new jobs and other
forms of economic output created as a result of the financial
assistance.
(e) Additional outreach.--The authority and Office of Social
Equity shall include engagement with individuals with limited
English proficiency as part of its outreach provided or targeted
to attract and support social and economic equity applicants.
§ 9143. Fee waivers.
(a) Permit application fee waiver.--The authority may waive
or reduce the nonrefundable permit application fee,
nonrefundable fee associated with purchasing a permit to operate
a cannabis business establishment and any surety bond or other
financial requirement of a social and economic equity applicant
if at the time the payment is due, the social and economic
equity applicant, including each person with 10% or greater
ownership and each parent company, subsidiary or affiliate, has
less than a total of $750,000 of income in the previous calendar
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year.
(b) Attestation.--The authority may require a social and
economic equity applicant to attest that they meet the
requirements for a fee waiver under subsection (a) and provide
evidence of total annual income for the previous calendar year.
(c) Eligibility determination.--If the authority determines
that an applicant who applied as a social and economic equity
applicant is not eligible under this section, the applicant
shall be provided an additional 10 days to provide alternative
evidence of qualification as a social and economic equity
applicant. The applicant may pay the remainder of the waived fee
and not be considered as a social and economic equity applicant.
If the applicant cannot meet the qualification standards or pay
the remainder of the waived fee, the authority may keep the
initial application fee and the application shall not be graded.
§ 9144. Transfer of permit awarded to qualified social and
economic equity applicant.
(a) Transfer, sale or grant of permit.--In the event a
qualified social and economic equity applicant seeks to
transfer, sell or grant a cannabis business establishment permit
to a person that does not qualify as a social and economic
equity applicant after one year from the date of issuance of the
permit and within five years after the permit was issued, the
transfer agreement shall require the new permit holder to pay
the authority an amount equal to all the following for deposit
into the Community Opportunity Fund:
(1) Fees that were waived by any Commonwealth agency
based on the applicant's status as a social and economic
equity applicant, if applicable.
(2) The outstanding amount owed by the qualified social
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and economic equity applicant for a loan through the
Community Opportunity Fund, if applicable.
(3) The amount of a grant awarded to the qualified
social and economic equity applicant from the authority, in
partnership with the Office of Social Equity, if applicable.
(b) Applicability.--Transfers of a cannabis business
establishment permit awarded to a social and economic equity
applicant shall be subject to all other provisions of this
chapter.
SUBCHAPTER F
REGULATION OF CANNABIS BUSINESS ESTABLISHMENTS
Sec.
9151. Permit required.
9152. Powers and duties of authority.
9153. Authorization of current medical cannabis business
establishments to commence dispensing cannabis for
adult use.
9154. Issuance of dispensary permits to qualified social and
economic equity applicants.
9155. New dispensary permits.
9156. Selection criteria for social and economic equity and new
dispensary permits.
9157. Dispensary operational requirements and prohibitions.
9158. Dispensing cannabis.
9159. Agent-in-charge.
9159.1. Inventory control system.
9159.2. Storage requirements.
9159.3. Destruction and disposal of cannabis.
9159.4. Security measures.
9159.5. Recordkeeping.
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9159.6. Issuance of adult-use cultivation center permits.
9159.7. Authorization of current medical cannabis
grower/processor permit holders to grow cannabis for
adult use.
9159.8. New adult-use cultivation center permits.
9159.9. Adult-use cultivation center requirements and
prohibitions.
9159.10. Issuance of microcultivation center permits.
9159.11. Microcultivation center permit applications.
9159.12. Selection criteria for microcultivation center
permits.
9159.13. Microcultivation center requirements and prohibitions.
9159.14. Labor Peace Agreements.
9159.15. Agent identification cards.
9159.16. Affiliation.
9159.17. Renewal of cannabis business establishment permits and
agent identification cards.
9159.18. Relocation.
9159.19. Warehousing and distribution permits.
§ 9151. Permit required.
A person may not operate a cannabis business establishment
for the purpose of cultivating, processing, dispensing or
transporting adult-use cannabis or cannabis-infused edible or
nonedible products without a permit issued under this chapter. A
person may not be an officer, director, manager or agent of a
cannabis business establishment without having been authorized
by the authority.
§ 9152. Powers and duties of authority.
Subject to the provisions of this chapter, the authority may
exercise the following powers and duties:
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(1) Prescribe forms to be issued for the administration
and enforcement of this chapter.
(2) Examine, inspect and investigate the premises,
operations and records of cannabis business establishment
applicants and permittees.
(3) Conduct investigations of possible violations of
this chapter pertaining to a cannabis business establishment
and cannabis business establishment agents.
(4) Conduct hearings on proceedings to refuse to issue,
renew, revoke or suspend permits or to place on probation,
reprimand or otherwise discipline a permittee or agent under
this chapter or take other nondisciplinary action.
(5) Adopt regulations required for the administration of
this chapter.
§ 9153. Authorization of current medical cannabis business
establishments to commence dispensing cannabis for
adult use.
(a) Dual use permits.--No later than 90 days after the
effective date of this section, a medical cannabis business
establishment holding a dispensary permit granted under
Subchapter E (relating to medical use of cannabis business
establishments) or I (relating to academic clinical research
centers and clinical registrants) of Chapter 93 (relating to
medical use of cannabis) shall be authorized to commence selling
cannabis for adult use at a dispensary operating under Chapter
93. A medical cannabis business establishment shall pay a fee of
$100,000 to the authority, which shall be deposited into the
Community Opportunity Fund, before commencing the sale of adult-
use cannabis.
(b) Delay or inhibit operations.--The failure of the
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authority to promulgate regulations shall not delay or inhibit
the ability of a medical cannabis business establishment under
subsection (a) from commencing the sale of adult-use cannabis at
a dispensary operating under Chapter 93. If the authority fails
to authorize a medical cannabis organization under subsection
(a) from commencing the sale of adult-use cannabis at a
dispensary operating under Chapter 93 within 90 days from the
effective date of this subsection, the medical cannabis business
establishment shall automatically be authorized to commence
adult-use cannabis sales.
§ 9154. Issuance of dispensary permits to qualified social and
economic equity applicants.
(a) Social and economic equity dispensary permits.--In
addition to the dual use permits authorized under section 9153
(relating to authorization of current medical cannabis business
establishments to commence dispensing cannabis for adult use),
the authority shall issue dispensary permits to qualified social
and economic equity applicants. The permit shall authorize the
social and economic equity dispensary permit holder to operate
at a single location to serve adult-use consumers and patients
in this Commonwealth. The authority may issue an initial 60
social and economic equity dispensary permits.
(b) Limitation.--An applicant may file no more than three
applications for a social and economic equity dispensary permit
in any single application period.
(c) Qualified social and economic equity applicants.--
(1) The authority shall develop an application, and the
social and economic equity applicants may apply, for a social
and economic equity dispensary permit.
(2) The permit shall authorize the social and economic
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equity applicant to operate at a single location to serve
adult-use consumers and patients in this Commonwealth.
(d) Applications.--A qualified social and economic equity
applicant seeking a dispensary permit shall submit an
application on a form provided by the authority. The application
shall include information in at least the following categories
as determined by the authority:
(1) The fees to be paid.
(2) A business plan that complies with the requirements
under this chapter.
(3) A security plan.
(4) An inventory control plan.
(5) A plan for community engagement.
(6) Written policies and procedures regarding
recordkeeping, inventory control, safety, security, diversion
and diversity.
(7) Facility plans, including floor plans, security
overlay and specifications of the building exterior and
interior layout.
(8) The physical address of the social and economic
equity applicant's proposed facility, including the
following, as applicable:
(i) Evidence of the social and economic equity
applicant's clear legal title to or option to purchase
the proposed facility.
(ii) A fully-executed copy of the social and
economic equity applicant's unexpired lease for the
proposed facility that includes the consent of the
property owner for the use of the proposed property and
facility for the term of the initial permit.
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(iii) Other evidence satisfactory to the authority
that shows the social and economic equity applicant has
the authority, or will have the authority prior to the
date of license issuance, to use the proposed property
and facility for the term of the permit.
(9) A copy of each relevant local zoning ordinance and
documentation, if necessary, of approval from the local
zoning office that the proposed dispensary location is in
compliance with each local zoning ordinance.
(10) Information regarding each principal officer.
(11) Evidence of the applicant's status as a social and
economic equity applicant.
(12) An executed labor peace agreement between a bona
fide labor organization and the applicant. This agreement
shall be an ongoing material condition of licensure.
(e) Deficiency notice.--If the authority receives an
application that fails to provide the required elements under
subsection (c), the authority shall issue a deficiency notice to
the qualified social and economic equity applicant. The
qualified social and economic equity applicant shall have 30
calendar days from the date of the deficiency notice to submit
the complete information.
(f) Review.--Upon receipt of all of the required information
and documents under this section, the authority shall review the
application of the qualified social and economic equity
applicant. The following shall apply:
(1) The authority may request revisions and retain final
approval over retail site features.
(2) The authority shall approve the permit upon
satisfactory review of the application.
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(3) Final approval for each individual dispensary
location shall be contingent on the completion of
construction of the dispensary location, authority
inspections and providing the authority with any information
specified under subsection (c) relating to the dispensary
location that was not provided during the initial application
process.
(g) Authorization.--The authority may only authorize the
sale of cannabis at a social and economic equity dispensary
permit holder's dispensary location after the completion of a
successful inspection of the location. The authority shall
inspect the location within 14 days of a written request by a
social and economic equity dispensary permit holder.
(h) Successful inspection.--If the permit holder passes the
inspection under this section, the authority shall authorize the
sale of cannabis at the dispensary within 10 business days.
(i) Notification of opening date.--Once the authority has
authorized the sale of cannabis at a social and economic equity
dispensary location, the social and economic equity dispensary
permit holder shall notify the authority of the proposed opening
date.
(j) Initial sale.--Upon issuance of a permit, a social and
economic equity dispensary permit holder may begin selling
adult-use cannabis, cannabis-infused edible and nonedible
products, cannabis paraphernalia and related items to patients
and adult-use consumers. Medical cannabis seeds and immature
plants may be offered, but are not required to be available for
sale by the permit holder, for sale to certified medical
patients only.
(k) Deposit.--All fees collected under this section shall be
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deposited into the Cannabis Regulation Fund, unless otherwise
specified.
(l) Issuance of social and economic equity dispensary
permits.--The selection criteria and issuance of social and
economic equity dispensary permits issued under this section
shall be performed in accordance with section 9156 (relating to
selection criteria for social and economic equity and new
dispensary permits).
§ 9155. New dispensary permits.
(a) Dispensary permits.--The authority shall be the
exclusive entity authorized to issue new dispensary permits.
Separate and apart from any dispensing organization permits
issued to medical cannabis organizations under section 9153
(relating to authorization of current medical cannabis
organizations to commence dispensing cannabis for adult use),
and to social and economic equity applicants under section 9154
(relating to issuance of dispensary permits to qualified social
and economic equity applicants), after January 1, 2026, the
authority shall issue up to 12 additional dispensary permits to
applicants that are any of the following:
(1) A disadvantaged business.
(2) A diverse business.
(3) A small business.
(b) Dispensing.--Additional dispensary permits awarded under
this section shall authorize the permit holders to operate at a
single location to serve adult-use consumers and patients in
this Commonwealth.
(c) Award of permits.--To ensure the geographic dispersion
of dispensary permittees throughout this Commonwealth, the
authority shall determine how many permits should be awarded
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across this Commonwealth through a merit-based application
process. An applicant may file no more than one application in a
single application period for dispensing organization permit
under this section.
(d) Permit application.--An applicant seeking issuance of a
dispensary permit shall submit an application on a form provided
by the authority. The application shall include information in
at least the following categories as determined by the
authority:
(1) The fees to be paid, if applicable.
(2) A business plan that complies with the requirements
under this chapter.
(3) A security plan.
(4) An inventory control plan.
(5) A plan for community engagement.
(6) Written policies and procedures regarding
recordkeeping, inventory control, safety, security and
diversity.
(7) Facility plans, including floor plans, security
overlay and specifications of the building exterior and
interior layout.
(8) The physical address of the applicant's proposed
facility, including the following, as applicable:
(i) Evidence of the applicant's clear legal title to
or option to purchase the proposed facility.
(ii) A fully-executed copy of the applicant's
unexpired lease for the proposed facility that includes
the consent of the property owner for the use of the
proposed property and facility for the term of the
initial permit.
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(iii) satisfactory documentation that shows the
applicant has the authority, or will have the authority
prior to the date of license issuance, to use the
proposed property and facility for the term of the
permit.
(9) A copy of each relevant local zoning ordinance and
documentation, if necessary, of approval from the local
zoning office that the proposed dispensary location is in
compliance with each local zoning ordinance.
(10) Information regarding each principal officer.
(11) Evidence of the applicant's status as a
disadvantaged business, diverse business or small business.
(e) Operations.--An applicant who receives a dispensary
permit under this section shall have one calendar year from the
date of the award to become operational. The following shall
apply:
(1) If the applicant does not receive approval to
commence operations at one of the applicant's locations
within one calendar year of the permit award, the authority
may revoke the permit absent good reason for the delay shown
by the applicant.
(2) Before a new dispensary receives authorization to
commence building a dispensary, the authority shall inspect
the physical space selected by the permittee.
(3) The authority shall verify the site is suitable for
public access, including the following:
(i) That the site's layout promotes the safe
dispensing of adult-use cannabis.
(ii) That the site's location is sufficient in size,
power allocation, lighting, parking, handicapped-
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accessible parking spaces, accessible entry and exits as
required by the Americans with Disabilities Act of 1990
(Public Law 101-336, 104 Stat. 327), product handling and
storage.
(f) Additional permits.--In addition to the dispensing
permits to be awarded in subsection (a) of this section, the
authority shall conduct a comprehensive market analysis to
determine whether a need exists to modify or raise the number of
dispensary permits awarded to disadvantaged businesses, diverse
businesses, and small businesses. In determining whether to
exercise the authority granted under the subsection, the
authority shall consider the following factors:
(1) The percentage of cannabis sales occurring in this
Commonwealth not in the regulated market.
(2) Whether there is an adequate supply of cannabis and
cannabis-infused edible and nonedible products to serve
patients under Chapter 93 (relating to medical use of
cannabis).
(3) Whether there is an adequate supply of cannabis and
cannabis-infused edible and nonedible products to serve
adult-use consumers.
(4) Whether there is an oversupply of cannabis in this
Commonwealth leading to trafficking of cannabis to states
where the sale of cannabis is not permitted by law.
(5) Population increases or shifts.
(6) The density of dispensaries in any area of this
Commonwealth.
(7) Perceived security risks of increasing the number or
location of dispensaries.
(8) The past safety record of dispensary permittees.
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(9) The authority's capacity to appropriately regulate
additional permittees.
(10) Participation in the market by social and economic
equity applicants and disadvantaged, diverse and small
businesses.
(11) Any other criteria the authority deems relevant.
(g) Limitations.--The authority may not issue more than
three individual dispensary permits to a single disadvantaged
business, diverse business or small business.
(h) Previously surrendered or revoked dispensary permits.--
Beginning one year after the effective date of this subsection,
the authority shall publish no later than December 5 of each
year a list of any permit surrendered or revoked under this
chapter on the authority's publicly accessible Internet website.
The authority shall accept applications for the licenses that
appear on this list no later than January 15 of each year,
submitted by an applicant, that is any of the following:
(1) A social and economic equity applicant under section
9154 (relating to issuance of dispensary permits to qualified
social and economic equity applicants).
(2) A disadvantaged business.
(3) A diverse business.
(4) A small business.
§ 9156. Selection criteria for social and economic equity and
new dispensary permits.
(a) Incomplete application.--Failure by an applicant to
submit to the authority all required information under sections
9154 (relating to issuance of dispensary permits to qualified
social and economic equity applicants) and 9155 (relating to new
dispensary permits) may result in the application being
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disqualified. If the authority receives an application that
fails to provide the required elements in a section, that
section shall not be scored.
(b) Application scoring.--The authority shall, by rule,
develop a merit-based scoring system in which to award new
dispensary permits.
(c) Scoring criteria.--An applicant for a dispensary permit
shall be awarded points on applications as determined by the
authority.
(d) Anonymity.--Applications for dispensary permits shall be
scored by the authority anonymously in accordance with
regulations promulgated by the authority, which shall include
tie-breaker language that governs the process through which some
applicants are to be awarded permits when multiple applicants
receive the same application score and the awarding of permits
to all tied applicants would result in awarding more permits
than is permissible under this chapter. Any tie-breaking process
shall be designed to ensure clarity, transparency and fairness.
(e) Review.--Each application for a dispensary permit shall
be reviewed and scored by three individuals who score each
application independently. An applicant's score in each category
under subsection (c) shall be an average of the three scores
awarded by each individual score. An applicant may not receive
full points simply for providing responsive information on a
section of the application.
§ 9157. Dispensary operational requirements and prohibitions.
(a) Requirements and prohibitions.--A dispensary shall
operate in accordance with the representations made in its
application and permit materials. A dispensary shall be in
compliance with this chapter and the regulations promulgated
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under this chapter. The following shall apply:
(1) All adult-use cannabis, cannabis concentrates,
cannabis-infused edible and nonedible products and cannabis
seeds shall be obtained from an adult-use cultivation center,
microcultivation center or another dispensary registered in
this Commonwealth.
(2) A dispensary:
(i) Shall inspect and count product received from an
adult-use cultivation center, microcultivation center or
other dispensary before dispensing it.
(ii) May only accept cannabis deliveries into a
restricted access area. Deliveries may not be accepted
through the public or limited access areas unless
otherwise approved by the authority.
(iii) Shall maintain compliance with Commonwealth
and local building, fire and zoning requirements or
regulations.
(iv) Shall submit a list to the authority of the
names of all service professionals that will work at the
dispensary. The list shall include a description of the
type of business or service provided. The authority shall
be promptly notified of any changes to the service
professional list. No service professional shall work in
the dispensary until the name is provided to the
authority on the service professional list.
(v) May operate between 6 a.m. and 10 p.m. local
time or as determined by the local municipality.
(vi) Shall keep all lighting outside and inside the
dispensary in good working order and wattage sufficient
for security cameras.
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(vii) Shall keep, in good working order, all air
treatment systems that will be installed to reduce odors.
(viii) Shall ensure that any building or equipment
used by a dispensary for the storage or sale of adult-use
cannabis are maintained in a clean and sanitary
condition.
(ix) Shall be free from infestation by insects,
rodents or pests.
(x) Shall develop a recall policy and procedure as
approved by the authority.
(3) A dispensary may not:
(i) Cultivate, process or manufacture cannabis.
(ii) Accept a cannabis-infused edible and nonedible
product from an adult-use cultivation center,
microcultivation center or dispensary unless it is
prepackaged and labeled in accordance with this chapter
and regulations that may be promulgated in accordance
with this chapter.
(iii) Obtain adult-use cannabis or cannabis-infused
edible and nonedible products from outside this
Commonwealth.
(iv) Sell adult-use cannabis or cannabis-infused
edible and nonedible products to adult-use consumer
unless the individual has been verified to be 21 years of
age or older or if the dispensary maintains a medical
cannabis permit under Chapter 93 (relating to medical use
of cannabis) and the individual is registered under
Chapter 93.
(v) Enter into agreements to allow persons that are
not cannabis business establishment agents to deliver
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cannabis or to transport cannabis to adult-use consumers,
other than through home delivery services approved by the
authority.
(vi) Operate a dispensary if the:
(A) Dispensary's video surveillance equipment is
inoperative.
(B) Point-of-sale equipment is inoperative.
(C) Cannabis seed-to-seed tracking system is
inoperative, unless the dispensary has the ability to
record, including electronically, transactions to
upload to the cannabis seed-to-seed tracking system
once the system is operational.
(vii) Have fewer than two individuals working at any
time while the dispensary is open.
(viii) Sell clones or any other live cannabis plant
material, unless sales are limited to certified medical
patients pursuant to Chapter 93.
(ix) Shall not be located in an area zoning for
residential use or within 1,500 feet of the property line
of another dispensary. This setback shall not apply to
current medical cannabis establishments at their current
locations.
(x) Violate any other requirements or prohibitions
specified by the authority.
(b) Regulations.--The authority shall promulgate
regulations, within 180 days following the release of temporary
regulations, specifying operational requirements for
dispensaries, consistent with the provisions of this chapter,
including the operational requirements and prohibitions
contained in this section.
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§ 9158. Dispensing cannabis.
(a) Dispensing criteria.--Prior to a cannabis business
establishment agent dispensing cannabis, the agent shall:
(1) Verify the age of the adult-use consumer and
validity of the government-issued identification card of the
adult-use consumer by use of an electronic reader or
electronic scanning device, unless otherwise permitted by the
authority, to scan the government-issued identification, if
applicable.
(2) Enter the following information into the seed-to-
sale tracking system:
(i) The agent's identification number.
(ii) The amount and type, including strain, if
applicable, of adult-use cannabis or cannabis-infused
edible and nonedible product dispensed.
(iii) The date and time the adult-use cannabis or
cannabis-infused edible and nonedible product was
dispensed.
(b) Refusal to sell.--A dispensary shall refuse to sell
cannabis or cannabis-infused edible and nonedible products under
any of the following circumstances:
(1) To an individual unless the individual produces
valid identification showing that the individual is 21 years
of age or older. A dispensary under Chapter 93 (relating to
medical use of cannabis) may sell cannabis or cannabis-
infused edible and nonedible products to an individual who is
younger than 21 years of age if the sale complies with the
provisions of Chapter 93.
(2) To an individual who is disqualified by the
authority.
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(c) Validity.--For the purposes of this section, valid
identification shall:
(1) Be valid and unexpired.
(2) Contain a photograph and the date of birth of the
person.
§ 9159. Agent-in-charge.
(a) Designation.--A dispensary shall designate, at a
minimum, one agent-in-charge for each permitted dispensary. The
designated agent-in-charge shall hold an agent identification
card. Maintaining an agent-in-charge shall be a continuing
requirement for the dispensary permit, except as provided under
subsection (e).
(b) Requirements.--The agent-in-charge shall be on-site
managers or full-time agents of the dispensary and shall manage
the dispensary. The following shall apply:
(1) Managing the dispensary shall include:
(i) Responsibility for opening and closing the
dispensary.
(ii) Delivery acceptance.
(iii) Oversight of sales and cannabis business
establishment agents.
(iv) Recordkeeping.
(v) Inventory.
(vi) Cannabis business establishment agent training.
(vii) Compliance with this chapter, including the
responsibility for maintaining all files subject to audit
or inspection by the authority at the dispensary.
(2) Except as provided under paragraph (3), the agent-
in-charge shall, within 10 days, notify the authority of a
change of information required to be reported to the
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authority.
(3) In the case of a dispensary employee who has
diverted cannabis or cannabis-infused edible or nonedible
products or has intentionally dispensed cannabis or cannabis-
infused edible or nonedible products in a manner not
consistent with this chapter, the notification required under
paragraph (2) to the authority shall be made within 48 hours.
(c) Determination.--In determining whether an agent-in-
charge manages the dispensary, the authority may consider the
responsibilities identified in this section, the number of
cannabis business establishment agents under the supervision of
the agent-in-charge and the employment relationship between the
agent-in-charge and the dispensary, including the existence of a
contract for employment and any other relevant fact or
circumstance.
(d) Change in status.--The agent-in-charge shall be
responsible for notifying the authority of a change in the
employment status of a cannabis business establishment agent
within 10 business days after the change, including notice to
the authority if the termination of an agent was for diversion
of product or theft of currency.
(e) Vacancy.--In the event of the separation of an agent-in-
charge due to death, incapacity, termination or any other reason
and if the dispensary does not have an active agent-in-charge,
the dispensary shall immediately contact the authority and
request temporary authority allowing the continuing operation.
The request shall include the name of an interim agent-in-charge
until a succeeding agent-in-charge is identified or shall
include the name of the replacement. The authority may not delay
in granting the temporary authority, and the dispensary shall be
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permitted to operate while obtaining authority approval for an
interim agent-in-charge. A temporary authority may not be valid
for more than 90 days. The succeeding agent-in-charge shall
register with the authority in compliance with this section.
Once the permanent succeeding agent-in-charge is registered with
the authority, the temporary authority shall be void.
(f) Registration.--The dispensary agent-in-charge
registration shall expire one year from the date of issuance.
The agent-in-charge's registration shall be renewed annually.
(g) Termination.--Upon termination of an agent-in-charge's
employment, the dispensary shall immediately reclaim the agent
identification card. The dispensary shall promptly return the
agent identification card to the authority.
(h) Application denial.--The authority may deny a new
application or a renewal or discipline or revoke an agent-in-
charge identification card for any of the following reasons:
(1) Submission of misleading, incorrect, false or
fraudulent information in the application or renewal
application.
(2) Violation of the requirements of this chapter or
regulations.
(3) Fraudulent use of an agent identification card.
(4) Selling, distributing, transferring in any manner or
giving cannabis to any unauthorized person.
(5) Theft of cannabis, currency or any other items from
a dispensary.
(6) Tampering with, falsifying, altering, modifying or
duplicating an agent-in-charge identification card.
(7) Tampering with, falsifying, altering or modifying
the surveillance video footage, point-of-sale system,
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cannabis seed-to-sale tracking system or the Commonwealth's
verification system.
(8) Failure to notify the authority immediately upon
discovery that the agent-in-charge identification card has
been lost, stolen or destroyed.
(9) Failure to notify the authority within 10 business
days after a change in the information provided in the
application for an agent-in-charge identification card.
(10) Intentionally dispensing to adult-use consumers in
amounts above the limits provided in this chapter.
(11) Failure to notify the authority within 48 hours
after a determination that a dispensary employee has diverted
cannabis or cannabis-infused edible or nonedible products or
has intentionally dispensed cannabis or cannabis-infused
edible or nonedible products in a manner not consistent with
this chapter.
(12) Failure to provide or maintain a labor peace
agreement with a bona fide labor organization.
§ 9159.1. Inventory control system.
(a) Inventory.--A dispensary agent-in-charge shall have
primary oversight of the dispensary's cannabis inventory point-
of-sale system. The inventory point-of-sale system shall be
real-time, web-based, open API, two-way communication and
accessible by the authority at any time. The point-of-sale
system shall track, at a minimum, the date of sale, amount,
price and currency.
(b) Account.--A dispensary shall establish an account with
the authority's verification system that documents:
(1) Each sales transaction at the time of sale and each
day's beginning inventory, acquisitions, sales, disposal and
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ending inventory.
(2) Acquisition of cannabis and cannabis-infused edible
and nonedible products from a permitted adult-use cultivation
center or microcultivation center, including:
(i) A description of the products, including the
quantity, strain, variety and batch number of each
product received.
(ii) The name and registry identification number of
the permitted adult-use cultivation center or
microcultivation center providing the cannabis and
cannabis-infused edible and nonedible products.
(iii) The name and registry identification number of
the permitted cannabis business establishment agent
delivering the cannabis.
(iv) The name and registry identification number of
the cannabis business establishment agent receiving the
cannabis.
(v) The date of acquisition.
(3) The disposal of cannabis, including:
(i) A description of the products, including the
quantity, strain, variety, batch number and reason for
the cannabis disposal.
(ii) The method of disposal.
(iii) The date and time of disposal.
(c) Verification.--Upon cannabis delivery from an adult-use
cultivation center or a microcultivation center, a dispensary
shall confirm that the product's name, strain name, weight and
identification number on the manifest matches the information on
the cannabis, cannabis-infused edible and nonedible product
label and package. The product name listed and the weight listed
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in the Commonwealth's verification system shall match the
product packaging.
(d) Inventory.--The agent-in-charge shall conduct a daily
inventory reconciliation documenting and balancing cannabis
inventory by confirming that the authority's verification system
matches the dispensary's point-of-sale system and the amount of
physical product at the dispensary. The following shall apply:
(1) A dispensary shall provide a reason for an inventory
adjustment. Inventory adjustment documentation shall be kept
at the dispensary or maintained electronically for two years
from the date performed.
(2) If the dispensary identifies an anomaly in the
amount of cannabis after the daily inventory reconciliation
due to a mistake, the dispensary shall determine how the
anomaly occurred and take and document corrective action. The
dispensary shall work diligently to determine the reason for
the anomaly and document steps on how to address the anomaly.
(3) If the dispensary identifies a discrepancy in the
amount of cannabis after the daily inventory reconciliation
or through other means due to theft, criminal activity or
suspected criminal activity, the dispensary shall determine
how the diversion occurred and take and document corrective
action. Within 48 hours after the first discovery of the
diversion due to theft, criminal activity or suspected
criminal activity, the dispensary shall inform the authority
and the Pennsylvania State Police in writing.
(4) The dispensary shall file an annual compilation
report to the authority in a manner determined by the
authority.
(e) Documentation.--A dispensary shall have all of the
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following duties:
(1) Maintain the documentation required under this
section in a secure locked location at the dispensary, an
off-site approved office or electronically for two years from
the date on the document.
(2) Provide any documentation required to be maintained
in this section to the authority for review upon request.
(3) If maintaining a bank account, retain for a period
of two years, electronically or otherwise, a record of each
deposit or withdrawal from the bank account.
(f) Return policy.--If a dispensary chooses to have a return
policy for cannabis and cannabis-infused edible and nonedible
products, the dispensary shall seek prior approval from the
authority, including written policies as to how returned
cannabis or cannabis-infused edible and nonedible products will
be stored and quarantined from other inventory.
§ 9159.2. Storage requirements.
(a) Authorized on-premises storage.--A dispensary shall
store inventory on its premises. All inventory stored on the
premises shall be secured in a restricted access area and
tracked consistently with the inventory tracking regulations. A
dispensary shall be of suitable size and construction to
facilitate cleaning, maintenance and proper operations and shall
maintain adequate lighting, ventilation, temperature, humidity
control and equipment.
(b) Tampered containers.--A cannabis container that has been
tampered with, damaged or opened shall be labeled with the date
opened, if known, and quarantined from other cannabis-infused
edible and nonedible products in the vault until the cannabis-
infused edible and nonedible products are disposed. Cannabis
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that was tampered with, expired or damaged may not be stored at
the premises for more than 14 calendar days.
(c) Samples.--Cannabis samples shall be in a sealed
container and clearly labeled. Samples shall be maintained in
the restricted access area.
(d) Storage.--The dispensary storage areas shall be
maintained in accordance with the security requirements of this
chapter and any regulations promulgated by the authority.
Cannabis shall be stored at appropriate temperatures and under
appropriate conditions to help ensure that the packaging,
strength, quality and purity are not adversely affected.
§ 9159.3. Destruction and disposal of cannabis.
(a) Destruction.--Cannabis and cannabis-infused edible and
nonedible products shall be destroyed by rendering the cannabis
and cannabis-infused edible and nonedible products unusable
using methods approved by the authority and promptly disposed of
in a manner that complies with this chapter and regulations
promulgated by the authority. Disposal of the cannabis waste
rendered unusable may be delivered to a permitted solid waste
facility for final disposition. Acceptable permitted solid waste
facilities shall include all of the following:
(1) Compostable facilities.
(2) Noncompostable mixed-waste facilities.
(b) Waste inventory.--Waste and unusable cannabis, cannabis
concentrate or a cannabis-infused edible and nonedible product
shall be weighed, recorded and entered into the seed-to-sale
tracking system prior to rendering it unusable. Verification of
waste inventory shall be performed by an employee who is a
manager and conducted in an area with video surveillance.
Electronic documentation of destruction and disposal shall be
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maintained for a period of at least two years.
§ 9159.4. Security measures.
A dispensary shall implement security measures to protect the
premises and adult-use consumers and deter and prevent entry
into and theft of cannabis or currency in accordance with the
regulations promulgated under this chapter as determined by the
authority.
§ 9159.5. Recordkeeping.
(a) Record retention.--Dispensary records shall be
maintained electronically for two years and be available for
inspection by the authority upon request. The required written
records shall include all of the following:
(1) Operating procedures.
(2) Inventory records, policies and procedures.
(3) Security records, not including video footage
retained under section 9159.4 (relating to security
measures).
(4) Audit records.
(5) Staff training plans and completion documentation.
(6) Staffing plan.
(7) Business records, including:
(i) Assets and liabilities.
(ii) Monetary transactions.
(iii) Written or electronic accounts, including bank
statements, journals, ledgers and supporting documents,
agreements, checks, invoices, receipts and vouchers.
(iv) Any other financial accounts reasonably related
to the dispensary operations.
(b) Storage and transfer of records.--If a dispensary closes
due to insolvency, revocation, bankruptcy or for any other
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reason, all records required to be maintained shall be preserved
and provided to the authority.
§ 9159.6. Issuance of adult-use cultivation center permits.
(a) Modifications or changes.--Following the completion of a
comprehensive market analysis, the authority may, by rule, do
any of the following:
(1) Modify or change the number of new adult-use
cultivation center permits available.
(2) Modify or change the permitting application process
to reduce or eliminate the barriers to permits, particularly
for social and economic equity applicants, and shall make
modifications to remedy evidence of discrimination.
(b) Additional permits.--If the authority determines that
additional adult-use cultivation center permits should be issued
other than those permits issued to current medical cannabis
grower/processors, the authority shall ensure that
microcultivation center permit holders are provided the first
opportunity to apply for, and be awarded, the additional permits
prior to accepting additional applications.
§ 9159.7. Authorization of current medical cannabis
grower/processor permit holders to grow cannabis for
adult use.
(a) Dual use cultivation center permits.--A medical cannabis
business establishment holding a grower/processor permit granted
under Subchapter E (relating to medical cannabis business
establishments) or I (relating to academic clinical research
centers and clinical registrants) of Chapter 93 (relating to
medical use of cannabis) shall, within 90 days from the
effective date of this subsection, be authorized by the
authority to commence selling adult use cannabis as an adult use
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cultivation center. A medical cannabis business establishment
holding a grower/processor permit granted under Subchapter E or
K of Chapter 93 shall pay a nonrefundable permit fee of $250,000
to the authority, which shall be deposited into the Cannabis
Regulation Fund.
(b) Delay or inhibit operations.--The failure of the
authority to promulgate regulations shall not delay or inhibit
the ability of a medical cannabis business establishment under
subsection (a) from commencing the sale of cannabis for adult
use at a grower/processor facility operating under Chapter 93.
If the authority fails to authorize a medical cannabis business
establishment under subsection (a) from commencing the sale of
cannabis for adult use at a grower/processor facility operating
under Chapter 93 within 90 days from the effective date of this
subsection, the medical cannabis business establishment shall
automatically be authorized to commence cannabis sales for adult
use.
(c) Adult-use cultivation centers.--An adult-use cultivation
center which is a medical cannabis business establishment
operating under this chapter and Chapter 93 shall be subject to
the provisions of both chapters.
§ 9159.8. New adult-use cultivation center permits.
If the authority makes available an additional adult-use
cultivation center permit, the authority shall determine the
requirements of an application for the permit and selection
criteria and promulgate regulations as necessary to implement
this section.
§ 9159.9. Adult-use cultivation center requirements and
prohibitions.
(a) Requirements.--The operating documents of an adult-use
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cultivation center shall include procedures for the oversight of
the adult-use cultivation center, tracking cannabis, including a
physical inventory recorded weekly, accurate recordkeeping and a
staffing plan.
(b) Security plan.--An adult-use cultivation center shall
implement a security plan that includes facility access
controls, perimeter intrusion detection systems, personnel
identification systems, a 24-hour surveillance system to monitor
the interior and exterior of the adult-use cultivation center
facility and accessibility to authorized law enforcement and the
authority in real time.
(c) Facility.--All cultivation of cannabis by an adult-use
cultivation center shall take place in an enclosed, locked
facility at the physical address provided to the authority
during the licensing process. The adult-use cultivation center
location shall only be accessed by the agents working for the
adult-use cultivation center, the authority staff performing
inspections and State law enforcement or other emergency
personnel, contractors working on jobs unrelated to cannabis or
other individuals as provided by rule.
(d) Sale prohibited.--An adult-use cultivation center may
not sell or distribute any cannabis or cannabis-infused edible
and nonedible products to any person other than a dispensary or
as otherwise authorized by rule of the authority.
(e) Pricing.--An adult-use cultivation center may not either
directly or indirectly discriminate in price between different
dispensaries that are purchasing a like grade, strain, brand and
quality of cannabis or cannabis-infused edible or nonedible
product. Nothing in this subsection shall prevent adult-use
cultivation centers from pricing cannabis differently based on
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differences in cannabinoid content, in the cost of manufacturing
or processing, the quantities sold, including volume discounts,
or the way the products are delivered.
(f) Inventory tracking system.--All cannabis harvested by an
adult-use cultivation center and intended for distribution to a
dispensary shall be entered into inventory tracking system,
packaged and labeled and placed into a cannabis container for
transport.
(g) Random inspection.--An adult-use cultivation center
shall be subject to random inspections by the authority.
(h) Theft or diversion notification.--If a cannabis business
establishment discovers evidence of, or upon completion of an
internal investigation reasonably suspects, a theft or diversion
of cannabis or cannabis products, the permittee shall notify
local law enforcement, the Pennsylvania State Police and the
authority. This notification shall occur no later than 24 hours
following completion of an investigation or discovery of
evidence reasonably confirming the theft or diversion.
Notification shall be made by phone, in person or by written or
electronic communication.
(i) Pesticides.--An adult-use cultivation center shall
comply with all Federal and State rules and regulations
regarding the use of pesticides on cannabis plants. The
authority shall promulgate reasonable regulations allowing
pesticide use in accordance with thresholds permitted in other
adult-use cannabis markets.
(j) Process.--An adult-use cultivation center may process
cannabis, cannabis concentrates and cannabis-infused edible and
nonedible products, including tinctures, topicals and edibles.
(k) Compliance.--An adult-use cultivation center shall
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comply with any other requirements or prohibitions specified by
regulations of the authority.
(l) Technology solutions.-- An adult-use cultivation center
may utilize sterilization methods and processes for cannabis
plants prior to compliance testing, subject to the following:
(1) The sterilization process shall happen after
harvesting plant material, but before testing;
(2) The adult-use cultivation center uses one of the
following sterilization methods, or as otherwise approved by
the authority:
(i) Radio frequency;
(ii) gas treatment, including ozone;
(iii) Photonic;
(iv) Irradiation;
(v) UV light.
(3) The adult-use cultivation center shall document
whether the harvest batch showed visual signs of
contamination.
(4) Sterilized material and products must pass
compliance testing.
(m) Location limitation.--An adult-use cultivation center
shall not be located in an area zoned for residential use.
§ 9159.10. Issuance of microcultivation center permits.
(a) Limitation.--An applicant may file no more than one
application for a microcultivation center permit in any single
application period.
(b) Issuance.--The authority may issue up to 10
microcultivation center permits. Following completion of a
comprehensive market analysis, the authority may adopt
regulations to modify or raise the number of microcultivation
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center permits or modify or change the permitting application
process to reduce or eliminate barriers for an applicant. In
determining whether to exercise the authority granted under this
subsection, the authority shall consider all the following
factors:
(1) The percentage of cannabis sales occurring in this
Commonwealth not in the regulated market.
(2) Whether there is an adequate supply of cannabis and
cannabis-infused edible and nonedible products to serve
patients under Chapter 93 (relating to medical use of
cannabis).
(3) Whether there is an adequate supply of cannabis and
cannabis-infused edible and nonedible products to serve
adult-use consumers.
(4) Whether there is an oversupply of cannabis in this
Commonwealth leading to trafficking of cannabis to states
where the sale of cannabis is not permitted by law.
(5) Population increases or shifts.
(6) The density of microcultivation centers in any area
of this Commonwealth.
(7) Perceived security risks of increasing the number or
location of microcultivation centers.
(8) The past safety record of microcultivation centers.
(9) The authority's capacity to appropriately regulate
additional permittees.
(10) Social and economic equity applicant participation.
(11) Any other criteria the authority deems relevant.
(c) Space.--A microcultivation center may not contain more
than 3,000 square feet of canopy space for plants in the
flowering stage for cultivation of cannabis as provided in this
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chapter. A microcultivation center may share a premises with a
dispensary if each permittee stores currency and cannabis and
cannabis-infused edible and nonedible products in a separate
secured vault to which any other permittee does not have access
or all permittees sharing a vault share more than 50% of the
same ownership.
§ 9159.11. Microcultivation center permit applications.
(a) Required information.--When applying for a permit, the
applicant for a microcultivation center permit shall
electronically include information in at least the following
categories as determined by the authority:
(1) The fees to be paid.
(2) A business plan that complies with the requirements
under this chapter.
(3) A security plan.
(4) An inventory control plan.
(5) A plan for community engagement.
(6) Written policies and procedures regarding
recordkeeping, inventory control, safety, security, diversion
and diversity.
(7) Facility plans, including floor plans, security
overlay and specifications of the building exterior and
interior layout.
(8) The physical address of the microcultivation
applicant's proposed facility, including the following, as
applicable:
(i) Evidence of the microcultivation applicant's
clear legal title to or option to purchase the proposed
facility.
(ii) A fully-executed copy of the microcultivation
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applicant's unexpired lease for the proposed facility
that includes the consent of the property owner for the
use of the proposed property and facility for the term of
the initial permit.
(iii) Other evidence satisfactory to the authority
that shows the microcultivation applicant has the
authority, or will have the authority prior to the date
of license issuance, to use the proposed property and
facility for the term of the permit.
(9) A copy of each relevant local zoning ordinance and
documentation, if necessary, of approval from the local
zoning office that the proposed microcultivation center
location is in compliance with each local zoning ordinance.
(10) Information regarding each principal officer.
(11) Evidence of the applicant's status as a social and
economic equity applicant, if applicable.
(12) An executed labor peace agreement between a bona
fide labor organization and the applicant. This agreement
shall be an ongoing material condition of an applicant being
issued a license.
(b) Submission.--An applicant under subsection (a) shall
submit all required information to the authority. Failure by an
applicant to submit all required information may result in the
application being disqualified.
§ 9159.12. Selection criteria for microcultivation center
permits.
(a) Incomplete application.--If the authority receives an
application under section 9159.11 (relating to microcultivation
center permit applications) that fails to provide the required
elements contained in a section, that section may not be scored.
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(b) Application scoring.--The authority shall, by rule,
develop a merit-based scoring system in which to award
microcultivation center permits.
(c) Scoring criteria.--An applicant for a microcultivation
center permit shall be awarded points on an application as
determined by the authority.
(d) Anonymity.--Applications for microcultivation center
permits shall be scored by the department anonymously in
accordance with regulations promulgated by the authority, which
shall include tie-breaker language that governs the process
through which some applicants are to be awarded permits when
multiple applicants receive the same application score and the
awarding of permits to all tied applicants would result in
awarding more permits than is permissible under this chapter. A
tie-breaking process shall be designed to ensure clarity,
transparency and fairness.
(e) Review.--Each application for a microcultivation center
permit shall be reviewed and scored by three individuals who
score each application independently. An applicant's score shall
be an average of the three scores awarded by each individual
score.
(f) Award of points.--Except in the case when an applicant
for a microcultivation center permit provides necessary
documentation of a status as a social and economic equity
applicant or an existing farming operation, the scoring system
developed by the authority shall be designed to ensure that the
applicant does not receive full points for only providing
responsive information on a section of the application.
§ 9159.13. Microcultivation center requirements and
prohibitions.
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(a) Operating documents.--The operating documents of a
microcultivation center shall include procedures for the
oversight of the microcultivation center, tracking cannabis,
including a physical inventory recorded weekly, accurate
recordkeeping and a staffing plan.
(b) Security plan.--A microcultivation center shall
implement a security plan that includes facility access
controls, perimeter intrusion detection systems, personnel
identification systems and a 24-hour surveillance system to
monitor the interior and exterior of the microcultivation center
that is accessible to authorized law enforcement and the
authority in real time.
(c) Facility requirements.--All cultivation of adult-use
cannabis by a microcultivation center shall take place in an
enclosed, locked facility at the physical address provided to
the authority during the permitting process. The
microcultivation center location shall only be accessed by the
cannabis business establishment agents working for the
microcultivation center, the authority staff performing
inspections, Commonwealth and local law enforcement or other
emergency personnel, contractors working on jobs unrelated to
cannabis, individuals in a mentoring or educational program
approved by the State or other individuals as provided by rule.
If a microcultivation center shares a premises with a
dispensary, agents from the other permittees may access the
microcultivation center portion of the premises if the location
point is a common area for access to bathrooms, lunchrooms,
locker rooms or other areas of the building where work or
cultivation of adult-use cannabis is not performed. At no time
may a dispensary agent perform work at a microcultivation center
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without being an employee of the microcultivation center.
(d) Sale and distribution limitation.--A microcultivation
center may not sell or distribute cannabis to any person other
than a dispensary permitted under this chapter or as otherwise
authorized by rule of the authority.
(e) Location limitation.--A microcultivation center shall
not be located in an area zoned for residential use.
(f) Price discrimination.--A microcultivation center may not
either directly or indirectly discriminate in price between
different dispensaries that are purchasing a like grade, strain,
brand and quality of adult-use cannabis or cannabis-infused
edible or nonedible product. Nothing in this subsection shall
prevent a microcultivation center from pricing adult-use
cannabis differently based on cannabinoid content, differences
in the cost of manufacturing, processing, quantities sold,
including volume discounts, or the method of product delivery.
(g) Data collection system.--All adult-use cannabis
harvested by a microcultivation center and intended for
distribution to a dispensary shall be entered into a data
collection system, packaged and labeled in compliance with this
chapter and any regulations promulgated by the authority and, if
the distribution is to a dispensary that does not share a
premises with the dispensary receiving the adult-use cannabis,
placed into a cannabis container for transport.
(h) Random inspection.--A microcultivation center shall be
subject to random inspections by the authority.
(i) Notification of loss or theft.--A microcultivation
center agent shall notify local law enforcement, the
Pennsylvania State Police and the authority within 24 hours of
the discovery of any loss or theft. A notification under this
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subsection shall be made by phone, in person or by written or
electronic communication.
(j) Pesticides.--A microcultivation center shall comply with
all Federal and State rules and regulations regarding the use of
pesticides in addition to any regulations promulgated by the
authority.
(k) Transportation.--A microcultivation center or cannabis
business establishment agent shall be permitted to transport
cannabis or cannabis-infused edible and nonedible products to
any other cannabis business establishment. A microcultivation
center may alternatively enter into a contract with a dispensary
or a testing laboratory related to the transport of cannabis.
(l) Compliance.--A microcultivation center shall comply with
any other requirements or prohibitions specified by regulations
of the authority.
§ 9159.14. Labor peace agreements.
(a) Condition of licensing.--
(1) Applicants applying for or holding a license to
grow, process, or dispense adult-use cannabis shall submit as
part of their application a labor peace agreement signed by a
bona fide labor organization and the applicant applicable to
all locations under the same license.
(2) A labor peace agreement shall be an ongoing material
condition of an applicant being issued a license and
maintaining the license.
(3) This subsection shall apply to all licenses issued
by the authority, including transfers and renewals.
(b) Failure to comply.--
(1) Failure to comply with the terms agreed to in the
labor peace agreement for the entire duration of the
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agreement shall result in fines, suspension, license or
renewal, denial or revocation of a license.
(2) The authority shall determine a schedule
establishing the ongoing review of the status and maintenance
of a labor peace agreement to assess the eligibility of a
license holder.
(3) Upon review and findings of unsatisfactory status or
the insufficient maintenance of a labor peace agreement, the
authority may issue a fine or other penalty to the license
holder.
(4) A determination by the Pennsylvania Labor Relations
Board, National Labor Relations board, or by an arbitrator as
provided in the labor peace agreement that an employer has
engaged in an unfair labor practice or has violated the terms
of the labor peace agreement shall result in immediate
suspension of the permit until the violation has been
rectified pursuant to an order of the board or arbitrator.
(5) Nothing in this section shall void the right of a
bona fide labor organization to pursue a complaint of unfair
labor practices in violation of Federal or State law with the
Pennsylvania Labor Relations Board or the National Labor
Relations Board.
(6) If a majority of the employees of a cannabis
business have voted to join a bona fide labor organization,
failure to enter into a collective bargaining agreement
within 200 days of the opening of such licensed cannabis
business, may result in a referral to the National Labor
Relations Board.
§ 9159.15. Agent identification cards.
(a) Required form.--The authority shall promulgate
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regulations detailing the form required for an initial
application or renewal application for an agent identification
card submitted under this chapter. The form shall include all of
the following:
(1) A nonrefundable fee to accompany the initial
application or renewal application.
(2) A fingerprinting and background check requirement.
(3) Means to submit the initial application or renewal
application via electronic means.
(b) Verification.--The authority shall verify the
information contained in an initial application or renewal
application for an agent identification card submitted under
this chapter and approve or deny the application within 14 days
of receiving the completed application and all supporting
documentation required by regulations of the authority.
(c) Duties of establishment.--The cannabis business
establishment:
(1) shall print and issue an agent identification card
to a qualifying agent within 14 business days of approving
the initial application or renewal application; and
(2) may allow a cannabis business establishment agent to
work at a cannabis business establishment after the agent's
application has been approved but prior to issuance of the
agent identification card.
(d) Identification card.--An agent shall keep the agent
identification card under this section visible at all times when
on the property of the cannabis business establishment where the
agent is employed, unless the agent is working after being
approved as an agent by the authority but prior to the receipt
of the agent's identification card.
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(e) Identification card requirements.--The agent
identification card shall contain the following:
(1) The name of the cardholder.
(2) The date of issuance and expiration date of the
agent identification card.
(3) A random 10-digit alphanumeric identification number
containing at least four numbers and at least four letters
that is unique to the holder.
(4) A photograph of the cardholder.
§ 9159.16. Affiliations.
(a) Affiliation requirements.--
(1) A person that owns or obtains a controlling interest
of a cannabis business establishment, including an approved
laboratory, pursuant to a change in control transaction or
security of a cannabis business established pledged or
provided to a financial backer that is not already affiliated
as a principal shall be affiliated as a principal by the
authority as provided for in paragraphs (2) and (3).
(2) Within 10 days of the pledge or provision of any
securities of a cannabis business establishment to a
financial backer, a change in control transaction or receipt
of a controlling interest, subsequent to the adoption of this
subsection or immediately with respect to a pledge or
provision of any securities of a cannabis business
establishment to a financial backer, a change in control
transaction or receipt of a controlling interest before the
adoption of this subsection, the person that has obtained the
securities, pledged or provided securities of the cannabis
business establishment shall complete the affiliation of any
person required to be affiliated with the authority.
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(3) The authority shall, within 15 days of receipt of a
request to affiliate a person, affiliate the person of the
cannabis business establishment that is required to affiliate
as required by paragraph (2) or as otherwise provided for
under this paragraph.
(b) Limitations.--
(1) This section shall not be interpreted to require the
authority to examine, inspect or approve equity transactions.
(2) The authority may not deny an affiliation as
provided for in this part, unless the person does meet the
requirements provided for in sections 602 and 603 of the act
of April 17, 2016 (P.L.84, No.16), known as the Medical
Marijuana Act.
(c) Administration.--An action brought by a person to
enforce subsection (a)(3) of this subchapter shall be brought in
the Commonwealth Court pursuant to its original jurisdiction
provided for in 42 Pa.C.S. § 761 (relating to original
jurisdiction.
§ 9159.17. Renewal of cannabis business establishment permits
and agent identification cards.
(a) Renewal.--A permit or agent identification card issued
under this chapter or Chapter 93 (relating to medical use of
cannabis) shall be renewed every four years. A cannabis business
establishment and agent shall receive written or electronic
notice no later than 90 days before the expiration of the permit
or card. The authority shall grant a renewal within 30 days of
submission of a renewal application if all of the following
apply:
(1) The cannabis business establishment submits the
required nonrefundable renewal fee.
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(2) The permit or agent identification card has not been
suspended or revoked for violating this chapter or
regulations adopted under this chapter.
(3) The cannabis business establishment has continued to
operate in accordance with all plans submitted as part of its
application and approved by the authority or any amendments
to a submitted plan that have been approved by the authority.
(4) The cannabis business establishment has submitted an
agent, employee, contracting and subcontracting diversity
report as required by the authority.
(5) The cannabis business establishment has maintained a
labor peace agreement with a bona fide labor organization
that is actively engaged in representing the permittee ' s
employees. Failure to maintain a labor peace agreement for
the entire duration of the license may result in fines or
other penalties issued by the authority.
(6) The cannabis business establishment is in compliance
with all Federal, State and local occupational health and
safety requirements. A cannabis business establishment with
outstanding fines or compliance orders from the Occupation
Safety and Health Administration shall be deemed noncompliant
for the purpose of this section.
(b) Renewal fees.--
(1) For a dual-use grower/processor:
(i) A renewal fee in the amount of $10,000 shall be
paid and shall include renewal for all locations.
(ii) The renewal fee shall be returned if the
renewal is not granted.
(2) For a dual-use dispensary:
(i) A renewal fee in the amount of $5,000 shall be
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paid.
(ii) The fee shall be returned if the renewal is not
granted and shall include renewal for all locations.
(3) For an adult-use cultivation center:
(i) A renewal fee, to be determined by the
authority, shall be paid.
(ii) The fee shall be returned if the renewal is not
granted and shall include renewal for all locations.
(4) For a microcultivation:
(i) A renewal fee, to be determined by the
authority, shall be paid.
(ii) The fee shall be returned if the renewal is not
granted and shall cover renewal for all locations.
(5) For a grower/processor permit that does not maintain
adult-use operations:
(i) A renewal fee in the amount of $10,000 shall be
paid and shall cover renewal for all locations.
(ii) The renewal fee shall be returned if the
renewal is not granted.
(6) For a dispensary that does not maintain adult-use
operations:
(i) A renewal fee in the amount of $5,000 shall be
paid.
(ii) All fees shall be paid by certified check,
money order, electronic transfer or credit card.
(iii) The fee shall be returned if the renewal is
not granted and shall include renewal for all locations.
(c) Pendency.--In the event the authority has not completed
its review of a permittee's renewal application, and the renewal
application was submitted as required in this subchapter, the
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permittee's permit shall remain active and in good standing
until the authority completes the review and issues a renewed
permit or denial.
(d) Failure to renew license.--If a cannabis business
establishment fails to renew the establishment's permit prior to
license expiration, the establishment shall cease operations
until the permit is renewed, unless otherwise permitted by the
authority.
(e) Failure to renew identification card.--If a cannabis
business establishment or cannabis business establishment agent
fails to renew a cannabis business establishment permit or the
agent identification card prior to expiration, the cannabis
business establishment or cannabis business establishment agent
shall cease to operate as a cannabis business establishment or
work as an agent of a cannabis business establishment, as
applicable, until the cannabis business establishment permit or
agent identification card is renewed, unless otherwise permitted
by the authority.
(f) Disciplinary action and fines.--A cannabis business
establishment that continues to operate or any cannabis business
establishment agent who continues to work as an agent, after the
applicable permit or agent identification card has expired
without renewal, absent authority permission, shall be subject
to disciplinary action by the authority.
(g) Collection of fees and fines.--All fees or fines
collected from the renewal of a cannabis business establishment
permit or agent identification card shall be deposited into the
Cannabis Regulation Fund.
§ 9159.18. Relocation.
The authority may approve an application from a cannabis
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business establishment, under this chapter or Chapter 93
(relating to medical use of cannabis), to relocate within this
Commonwealth or to add or delete activities or facilities.
§ 9159.19. Warehousing and distribution permits.
(a) Issuance.--The authority shall issue warehousing and
distribution permits, which authorize the storage, inventory
management and transportation of cannabis and cannabis products
between cannabis business establishments, to eligible
applicants.
(b) Scope of permit.--A permit issued under this section
shall authorize a permittee to:
(1) Store cannabis and cannabis products in secure,
compliant facilities.
(2) Manage inventory, including tracking and reporting,
as required by the board.
(3) Transport cannabis and cannabis products between
cultivators, manufacturers, retailers and other authorized
entities within this Commonwealth.
(c) Fees.--
(1) A one-time, nonrefundable application fee of $2,500
shall be payable to the authority upon submission of the
initial application for a permit.
(2) An annual renewal fee of $5,000 shall be payable to
the authority for a permit.
(d) Residency requirement.--Ownership of at least 51% of an
entity, including corporate stock of a corporation, control over
the management and day-to-day operations of the business and an
interest in the capital, assets, profits and losses of the
business proportionate to the percentage of ownership, applying
for a permit must be held by individuals who have been residents
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of this Commonwealth for at least two consecutive years
immediately prior to the application date.
(e) Restriction on other permits.--The holder of a permit,
including its owners, principals and operators, may not hold a
grower-processor permit or cultivation center permit.
(f) Employee background checks.--
(1) All employees of a permittee shall undergo a
criminal history background check conducted by the
Pennsylvania State Police prior to employment.
(2) A permittee shall submit employee background check
results to the authority upon request and maintain records
for inspection.
(g) Regulatory oversight.--The authority shall establish and
enforce rules governing the permitting, operation and compliance
of warehousing and distribution facilities, including:
(1) Security protocols for storage and transportation.
(2) Inventory tracking and reporting requirements.
(3) Compliance with health and safety standards.
(h) Inspections.--The authority, or a designee, may conduct
regular and unannounced inspections of permitted facilities to
ensure compliance.
(i) Penalties.--A violation of this section may result in
fines or permit suspension or revocation, as determined by the
authority.
(j) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Permit." A permit issued under subsection (a).
"Permittee." The holder of a permit.
SUBCHAPTER G
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ENFORCEMENT AND IMMUNITIES
Sec.
9161. Permit discipline.
9162. Immunities and presumptions relating to handling of
cannabis by cannabis business establishments and
agents.
9163. Commonwealth standards and requirements.
9164. Violation of tax acts and refusal, revocation or
suspension of permit or agent identification card.
§ 9161. Permit discipline.
(a) Authority actions.--Notwithstanding any other civil or
criminal penalties related to the unlawful possession of adult-
use cannabis, the authority may take disciplinary or
nondisciplinary action as the authority deems proper with regard
to a cannabis business establishment or cannabis business
establishment agent, including fines not to exceed $5,000 for
each violation of this chapter or regulations promulgated by the
authority.
(b) Determination.--The authority shall consider permittee
cooperation in any investigation in its determination of
penalties imposed under this section. The procedures for
disciplining a cannabis business establishment or cannabis
business establishment agent and for administrative hearings
shall be determined by regulation of the authority and shall
provide for the review of final decisions under 2 Pa.C.S.
(relating to administrative law and procedure).
§ 9162. Immunities and presumptions relating to handling of
cannabis by cannabis business establishments and
agents.
(a) Immunities and presumptions.--A cannabis business
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establishment or an agent shall not be subject to the following
based solely on conduct that is lawful under this chapter or any
regulations promulgated under this chapter:
(1) Prosecution.
(2) Search or inspection, except by the authority or
under the authority of the authority or a State or local law
enforcement agency under this chapter.
(3) Seizure.
(4) Denial of any right or privilege.
(5) Penalty in any manner, or denial of any right or
privilege, including civil penalty or disciplinary action by
a business permitting or licensing board or entity for
working for a cannabis business establishment under this
chapter and regulations adopted under this chapter.
(b) Prohibition.--Any cannabis, cannabis-infused edible or
nonedible product, cannabis paraphernalia, legal property or
interest in legal property that is possessed, owned or used in
connection with the use of cannabis as permitted under this
chapter, or acts incidental to that use, may not be seized or
forfeited. Nothing in this chapter shall be construed to prevent
the seizure or forfeiture of cannabis exceeding the amounts
permitted under this chapter or prevent seizure or forfeiture if
the basis for the action is unrelated to the cannabis that is
possessed, manufactured, transferred or used under this chapter.
(c) Laws of this Commonwealth.--Nothing in this chapter
shall be construed to preclude State or local law enforcement
from searching an adult-use cultivation center, microcultivation
center or dispensary if there is probable cause to believe that
the laws of this Commonwealth have been violated and the search
is conducted in conformance with law.
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(d) Attorney General investigation.--Nothing in this chapter
shall be construed to preclude the Attorney General or other
authorized government agency from investigating or bringing a
civil action against a cannabis business establishment or a
cannabis business establishment agent for a violation of
Commonwealth law, including civil rights violations and
violations of the act of December 17, 1968 (P.L.1224, No.387),
known as the Unfair Trade Practices and Consumer Protection Law.
§ 9163. Commonwealth standards and requirements.
Any standards, requirements and regulations regarding the
health and safety, environmental protection, testing, security,
food safety and worker protections established by the
Commonwealth shall be the minimum standards for all permittees
under this chapter, where applicable. Knowing violations of any
Commonwealth or local law, ordinance or regulation conferring
worker protections or legal rights on the employees of a
permittee may be grounds for disciplinary action in addition to
applicable penalties under this chapter.
§ 9164. Violation of tax acts and refusal, revocation or
suspension of permit or agent identification card.
(a) General rule.--In addition to other grounds specified in
this chapter, the authority, upon notification by the Department
of Revenue, may not issue or renew a permit or agent
identification card or suspend or revoke the permit or agent
identification card of any person for any of the following:
(1) Failure to file a tax return.
(2) The filing of a fraudulent tax return.
(3) Failure to pay all or part of any tax or penalty
determined to be due.
(4) Failure to keep books and records in accordance with
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this chapter or the regulations promulgated by the authority.
(5) Failure to secure and display a certificate or
related permit document, if required.
(6) The willful violation of any rule or regulation of
the Department of Revenue relating to the administration and
enforcement of tax liability.
(b) Resolution.--The Department of Revenue, after a
violation under subsection (a) has been corrected or resolved,
shall, upon request of the subject of the violation, notify the
authority that the violation has been corrected or resolved.
Upon receiving notice from the Department of Revenue that a
violation under subsection (a) has been corrected or otherwise
resolved, the authority may issue or renew the permit or agent
identification card or vacate an order of suspension or
revocation.
SUBCHAPTER H
LABORATORY TESTING
Sec.
9171. Laboratory testing requirements and prohibitions.
§ 9171. Laboratory testing requirements and prohibitions.
(a) Legality.--Notwithstanding any other provision of law,
the following actions, when performed by a cannabis testing
facility with a current, valid registration or an individual 21
years of age or older who is acting in an official capacity as
an owner, employee or agent of a cannabis testing facility, may
not be determined to be unlawful and may not be an offense or be
a basis for seizure or forfeiture of assets under the laws of
this Commonwealth:
(1) Possessing, repackaging, transporting or storing
cannabis or cannabis-infused edible or nonedible products.
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(2) Receiving or transporting cannabis or cannabis-
infused edible or nonedible products from a cannabis business
establishment.
(3) Returning or transporting cannabis or cannabis-
infused edible or nonedible products to a cannabis business
establishment.
(b) Prohibition.--A laboratory at a cannabis testing
facility may not handle, test or analyze adult-use cannabis
unless approved by the authority in accordance with this
section. A laboratory at a cannabis testing facility may not be
approved to handle, test or analyze cannabis unless the
laboratory:
(1) Is accredited by a private laboratory accrediting
organization.
(2) Does not have a direct or indirect financial,
management or other interest in an adult-use cultivation
center, microcultivation center, dispensary or medical
cannabis grower/processor in this Commonwealth or is
affiliated with a certifying physician under Chapter 93
(relating to medical use of cannabis).
(3) Has employed at least one individual to oversee and
be responsible for the laboratory testing who has earned,
from a college or university accredited by a national or
regional certifying authority, at least one of the following:
(i) A master's level degree in chemical or
biological sciences and a minimum of two years'
postgraduate laboratory experience.
(ii) A bachelor's degree in chemical or biological
sciences and a minimum of four years' postgraduate
laboratory experience.
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(4) Provides the authority with a copy of the most
recent annual inspection report granting accreditation and
every annual report thereafter.
(c) Random sample.--
(1) Immediately prior to selling any cannabis or
cannabis-infused edible or nonedible product or packaging
cannabis for sale to a dispensary, each batch shall be made
available by the adult-use cultivation center or
microcultivation center for an employee of an approved
laboratory at a cannabis testing facility to select a random
sample, which shall be tested by the approved laboratory for:
(i) Microbiological contaminants.
(ii) Mycotoxins.
(iii) Pesticide active ingredients.
(iv) Heavy metals.
(v) Residual solvent.
(vi) An active ingredient analysis.
(vii) THC potency.
(2) The authority shall only require cannabis or
cannabis-infused edible and nonedible products to be tested
one time in its final form before the cannabis or cannabis-
infused edible and nonedible products can be sold to a
dispensary for sale to adult-use consumers.
(d) Standard operating procedures.--
(1) An approved laboratory shall maintain written
standard operating procedures for each of the following:
(i) Confirmation of the validity of results of
testing.
(ii) Quality control.
(iii) All sampling and testing procedures, including
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required safety tests.
(iv) Any other operation as determined by the
authority.
(2) A laboratory applying for approval as a testing
laboratory shall submit its standard operating procedures to
the authority as part of the laboratory ' s application.
(3) An approved testing laboratory shall submit its
standard operating procedures to the authority at the
following time periods:
(i) for laboratories approved prior to the effective
date of this paragraph, within 30 days of the effective
date of this paragraph;
(ii) at each renewal of approval; and
(iii) with 30 days of a substantial change to the
standard operating procedures.
(4) The authority shall enter and conduct a reasonable
inspection of an approved testing laboratory to ensure
adherence to the standard operating procedures at least
annually. The following shall apply:
(i) If the inspection results in the authority
identifying gaps in the standard operating procedure, the
authority shall submit its findings to the approved
testing laboratory. The laboratory shall have 30 days to
respond to the findings and submit a corrective action
plan to the authority.
(ii) Failure to adhere to corrective actions within
a reasonable time shall constitute a violation of this
act and may result in penalties. Nothing shall limit the
authority ' s ability to suspend or revoke an approval
issued to a laboratory as prescribed in 28 Pa. Code Ch.
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1171a (relating to laboratories).
(5) The authority may engage with an independent
accreditation body to fulfill the requirements under this
subchapter.
(e) Validity of testing results.--
(1) The authority, in coordination with the Bureau of
Laboratories, shall ensure that approved testing
laboratories ' results are valid no less than once a year
beginning on January 1 immediately following the effective
date of this paragraph. The following apply:
(i) The authority shall require approved testing
laboratories to participate in an established method used
to determine validity of results.
(ii) The authority may engage an accredited
proficiency testing provider to fulfill subparagraph (i).
(iii) Nothing in this subsection shall be
interpreted as prohibiting the authority from ensuring
validity of results more than once within a calendar
year.
(iv) A test issued by an accredited proficiency
testing provider as required solely to maintain
accreditation shall not fulfill the requirements of this
subparagraph.
(2) If the results from an approved testing laboratory
are found to be invalid, the following actions shall be taken
by the authority:
(i) A review of the approved testing laboratory ' s
standard operating procedures.
(ii) Additional testing, as needed, to understand
the cause for the anomalies and unanticipated errors.
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(iii) The authority may enter the approved testing
laboratory for further investigation and shall issue its
findings. The authority may engage with an independent
accreditation body to fulfill the requirements under this
subparagraph.
(3) Failure to participate or failure to adhere to
corrective actions shall constitute a violation of this part
and may result in penalties. Nothing in this subsection shall
be interrupted as limiting the authority ' s ability to suspend
or revoke an approval issued to a laboratory as prescribed in
28 Pa. Code Ch. 1171a.
(f) Trend analysis.--The authority may utilize the seed-to-
sale tracking system to conduct trend analysis for laboratory
oversight.
(g) Accreditation.--The authority shall determine the scope
of accreditation an approved laboratory must receive and
maintain. The authority shall provide an approved laboratory
reasonable time to receive any additional accreditation beyond
the laboratory ' s most recent certificate of accreditation.
(h) State testing laboratory.--The authority may establish
and maintain a State testing laboratory. A State testing
laboratory under this subsection shall be responsible for:
(1) Developing and maintaining a cannabis laboratory
reference library that contains testing methodologies in the
areas of:
(i) Potency.
(ii) Homogeneity.
(iii) Detection of contaminants and the quantity of
those contaminants.
(iv) Solvents.
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(2) Establishing standard operating procedures for
sample collection, preparation and analysis of cannabis by
approved testing laboratories.
(3) Conducting proficiency testing of approved testing
laboratories.
(4) Remediating of problems with approved testing
laboratories.
(5) Conducting compliance testing on cannabis samples
analyzed by approved testing laboratories.
(h.1) Materials.--Approved testing laboratories shall
provide materials to the State testing laboratory reference
library.
(i) Authority sample.--The authority may select a random
sample that shall, for the purposes of conducting an active
ingredient analysis, be tested by a laboratory chosen by the
authority for verification of label information.
(j) Disposal of sample.--A laboratory at a cannabis testing
facility shall immediately return or dispose of any cannabis
upon the completion of any testing, use or research. Any
cannabis that is disposed of shall be done in accordance with
the authority's regulations related to cannabis waste.
(k) Sample failure.--If a sample of cannabis does not pass
testing under subsection (c) based on the standards established
by the authority, the following shall apply:
(1) The sample may be retested, with or without
remediation, up to two additional times after a failed test.
(2) After a third failed test, including the initial
failed test, or at the choosing of the cannabis business
establishment, the batch may be used to make a CO2-based or
solvent-based extract. After processing, the CO2-based or
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solvent-based extract shall still pass all required tests.
(3) Seeds, immature cannabis plants, cannabis plants,
cannabis flowers or cannabis-infused edible or nonedible
products may be remediated at any time prior to cannabis or
cannabis-infused edible or nonedible products being provided
to dispensaries for sale to adult-use consumers under this
chapter, including after any failed test performed by an
independent laboratory under subsection (c) based on the
standards established by the authority, if the cannabis or
cannabis-infused edible or nonedible products being provided
to dispensaries ultimately passes laboratory testing under
subsection (c) based on the standards established by the
authority.
(l) Authority testing standards.--The authority shall
establish standards for contamination under subsection (c) and
shall develop labeling requirements for contents and potency.
The authority shall ensure standards under this subsection are
comparable to those set by other established adult-use cannabis
markets and shall publicly disclose the basis for any standards
set.
(m) Copy of test results.--A laboratory at a cannabis
testing facility shall file with the authority an electronic
copy of each laboratory test result for any batch that does not
pass testing under subsection (c) at the same time that it
transmits those results to the adult-use cultivation center or
microcultivation center. The testing laboratory shall maintain
the laboratory test results for at least five years and make
test results available at the authority's request for the same
period.
(n) Results.--An adult-use cultivation center or
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microcultivation center shall provide to a dispensary the
laboratory test results for each batch of cannabis-infused
edible or nonedible product purchased by the dispensary, if
sampled. Each dispensary shall have those laboratory results
available upon request to adult-use consumers.
(o) Additional regulations permitted.--The authority shall
promulgate regulations relating to testing in furtherance of and
consistent with this chapter.
(p) Location limitation.--A testing laboratory shall not be
located in an area zoned for residential use.
SUBCHAPTER I
ADVERTISING, MARKETING, PACKAGING AND LABELING
Sec.
9181. Advertising and promotions.
9182. Cannabis-infused edible and nonedible product packaging
and labeling.
§ 9181. Advertising and promotions.
(a) Authorization.--A cannabis business establishment may
advertise and market adult-use cannabis and cannabis-infused
edible and nonedible products, including through discounts and
promotional programs. A cannabis business establishment shall
not engage in advertising or marketing contains any statement or
image that:
(1) is false or misleading;
(2) promotes over-consumption of cannabis or cannabis-
infused edible and nonedible products;
(3) depicts a person under 21 years of age consuming
cannabis;
(4) makes any unsupported health claims about cannabis,
cannabis-infused edible or nonedible products or cannabis
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concentrates;
(5) includes any image designed or likely to appeal to a
minor; or
(6) is in the form of a billboard that is placed, or
caused to be placed, within 500 feet of a building occupied
exclusively as a public, private or parochial school or day-
care center.
(a.1) Disclaimer.--Health claims made by a cannabis business
establishment must be accompanied by a disclaimer or other
qualifying language to accurately communicate to consumers the
level of scientific evidence supporting the claim.
(b) Definition.--For purposes of this section, the term
"qualified health claim" means a claim supported by scientific
evidence, which does not meet the more rigorous significant
scientific agreement standard required for an authorized health
claim.
§ 9182. Cannabis-infused edible and nonedible product packaging
and labeling.
(a) Registration.--Each cannabis-infused edible and
nonedible product produced for sale shall be registered with the
authority in a form and manner provided by the authority. A
product produced in accordance with this chapter may not require
authority approval prior to being produced for sale. Each
product registration shall include a label containing all
information required by the authority.
(b) Packaging.--Cannabis-infused edible and nonedible
products intended for distribution to a dispensary for sale to
adult-use consumers shall be packaged in a sealed or child-
resistant container or package and labeled in a manner
consistent with current standards, including the Consumer
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Product Safety Commission standards referenced under 15 U.S.C.
Ch. 39A (relating to special packaging of household substances
for protection of children).
(c) Cannabis-infused edible and nonedible product
packaging.--Each cannabis-infused edible and nonedible product
shall be wrapped or packaged at the original point of
preparation.
(d) Cannabis-infused edible and nonedible product
labeling.--Each cannabis-infused edible and nonedible product
shall be labeled prior to sale. Each label shall be securely
affixed to the package and shall state in legible font all of
the following:
(1) The common or usual name of the item and the
registered name of the cannabis-infused edible and nonedible
product that was registered with the authority under
subsection (a).
(2) A unique serial number that matches the product with
an adult-use cultivation center or microcultivation center
batch and lot number to facilitate any warnings or recalls
the authority or adult-use cultivation center or
microcultivation center deems appropriate.
(3) The date of final testing and packaging.
(4) The identification of the independent cannabis
testing facility.
(5) The date of harvest for cannabis flower or the date
of manufacture for other forms of cannabis.
(6) A "use by" date.
(7) The quantity, in ounces or grams, of cannabis
contained in the product.
(8) A content list, including:
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(i) The minimum and maximum percentage content by
weight for:
(A) delta-9-tetrahydrocannabinol (THC);
(B) tetrahydrocannabinolic acid (THCA);
(C) cannabidiol (CBD);
(D) cannabidiolic acid (CBDA); and
(E) all other ingredients of the item, including
any colors, artificial flavors and preservatives
listed in descending order by predominance of weight
shown with common or usual names.
(ii) (Reserved).
(9) The acceptable tolerances for the minimum percentage
shall not be below 85% or above 115% of the labeled amount.
(e) Prohibition.--Cannabis product packaging may not contain
information that:
(1) Is false or misleading.
(2) Promotes excessive consumption.
(3) Depicts a person under 21 years of age consuming
cannabis.
(4) Includes any image designed or likely to appeal to a
minor.
(f) Additional requirements.--The following shall apply to a
cannabis-infused edible and nonedible product produced by
concentrating or extracting ingredients from the cannabis plant:
(1) If solvents were used to create the concentrate or
extract, a statement that discloses the type of extraction
method, including any solvents or gases used to create the
concentrate or extract.
(2) Disclosure of any chemicals or compounds used to
produce or added to the concentrate or extract.
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(3) Cannabis concentrates sold with greater than 70% THC
shall indicate the product is a high-THC product on the
product label.
(g) Product warning.--All cannabis, cannabis-infused edible
and nonedible products and cannabis concentrates shall contain a
warning on its label stating:
Cannabis consumption may impair the ability to drive or
operate heavy machinery, is for adult use only and should not
be used by pregnant or breastfeeding women. Keep out of reach
of children.
(h) Servings.--
(1) Each cannabis-infused edible or nonedible product
intended for consumption shall include on the packaging the
total milligram content of THC and CBD. Each package may not
include more than a total of 500 milligrams of THC per
package with respect to cannabis-infused edible and nonedible
products intended for adult-use consumers. A package may
contain multiple servings. A cannabis-infused edible and
nonedible product that consists of more than a single serving
shall be marked, stamped or otherwise imprinted, by
individual single serving, with a symbol or easily
recognizable mark approved by the authority indicating the
package contains cannabis and shall be either:
(i) scored or delineated to indicate one serving, if
the cannabis-infused edible or nonedible product is in
solid form; or
(ii) if the cannabis-infused edible or nonedible
product is not in solid form, packaged in a manner so
that a single serving is readily identifiable or easily
measurable.
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(2) As used in this subsection, the term "delineated"
includes directly marking the product to indicate one serving
or providing a means by which adult-use consumers can
accurately identify one serving.
(i) Delineation.--A cannabis-infused edible or nonedible
product consisting of multiple servings shall be homogenized so
that each serving contains the same concentration of THC.
(j) Alternation or destruction of packaging.--No individual
other than the adult-use consumer shall alter or destroy any
labeling affixed to the primary packaging of cannabis-infused
edible or nonedible products after the cannabis-infused edible
or nonedible products have been dispensed.
SUBCHAPTER J
PREPARATION, DESTRUCTION AND REGULATION OF CANNABIS AND
CANNABIS-INFUSED EDIBLE AND NONEDIBLE PRODUCTS.
Sec.
9191. Preparation of cannabis-infused edible and nonedible
products.
9192. Destruction of cannabis.
9193. Local ordinances.
9194. Confidentiality.
9195. Financial institutions.
9196. Contracts enforceable.
9197. Administrative rulemaking.
§ 9191. Preparation of cannabis-infused edible and nonedible
products.
(a) Regulation.--The authority may regulate the production
of cannabis-infused edible and nonedible products by an adult-
use cultivation center or a microcultivation center and
establish regulations related to refrigeration, hot-holding and
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handling of cannabis-infused edible and nonedible products. All
cannabis-infused edible and nonedible products shall meet the
packaging and labeling requirements specified under this chapter
and any regulation promulgated by the authority.
(b) Approval.--Cannabis-infused edible and nonedible
products for sale or distribution at a dispensary shall be
prepared by an approved agent of an adult-use cultivation center
or microcultivation center. A dispensary may not manufacture,
process or produce a cannabis-infused edible and nonedible
product.
(c) (Reserved).
(d) Enforcement.--The authority shall promulgate regulations
for the manufacture and processing of cannabis-infused edible
and nonedible products and may at all times enter every
building, room, basement, enclosure or premises occupied or
used, or suspected of being occupied or used, for the
production, preparation, manufacture for sale, storage,
processing, distribution or transportation of cannabis-infused
edible and nonedible products. The authority may inspect the
premises together with all utensils, fixtures, furniture and
machinery used for the preparation of products under this
section.
§ 9192. Destruction of cannabis.
(a) Destruction.--All cannabis byproduct, scrap and
harvested cannabis not intended for distribution to a dispensary
shall be destroyed and disposed of under regulations adopted by
the authority under this chapter. Documentation of the
destruction and disposal shall be retained at the adult-use
cultivation center, microcultivation center or cannabis testing
facility as applicable for a period of not less than two years.
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(b) Notification prior to destruction.--The adult-use
cultivation center, microcultivation center or dispensary shall
keep a record of the date and quantity of destruction.
(c) Unsold cannabis.--A dispensary shall destroy all
cannabis, including cannabis-infused edible and nonedible
products, not sold to adult-use consumers by the stated date of
expiration. Documentation of destruction and disposal shall be
retained at the dispensary for a period of not less than two
years.
§ 9193. Local ordinances.
(a) Zoning ordinances.--Unless otherwise provided by this
chapter or law:
(1) A municipality may enact reasonable zoning
ordinances not in conflict with this chapter or rules adopted
under this chapter regulating a cannabis business
establishment. A municipality may not unreasonably prohibit
the use of cannabis authorized by this chapter.
(2) A municipality may enact ordinances not in conflict
with this chapter or with rules adopted under this chapter
governing the time, place, manner and number of cannabis
business establishment operations, including minimum distance
limitations between cannabis business establishments and
locations it deems sensitive. A municipality may establish
civil penalties for violation of an ordinance or rules
governing the time, place and manner of operation of a
cannabis business establishment in the jurisdiction of the
unit of local government. A municipality may not unreasonably
restrict the time, place, manner and number of cannabis
business establishment operations authorized by this chapter.
(3) A municipality may authorize or permit the on-
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premises consumption of cannabis at or in an adult-use
dispensary within its jurisdiction in a manner consistent
with this chapter. An adult-use dispensary authorized or
permitted by a unit of local government to allow on-site
consumption shall not be deemed a public place under the act
of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor
Air Act.
(4) A municipality may not regulate the activities
described in paragraph (1), (2) or (3) in a manner more
restrictive than the regulation of those activities by the
Commonwealth under this chapter.
(5) A municipality may not enact ordinances to prohibit
a cannabis business establishment from locating within the
unit of local government.
(6) A municipality may not prohibit or condition the
sale of cannabis for adult use at a medical cannabis
dispensary authorized to sell cannabis for adult use under
section 9153 (relating to authorization of current medical
cannabis to commence dispensing cannabis for adult use).
(b) Municipal zoning and land use requirements.--
(1) A grower/processor shall meet the same municipal
zoning and land use requirements as other manufacturing,
processing and production facilities that are located in the
same zoning district.
(2) A dispensary shall meet the same municipal zoning
and land use requirements as other commercial facilities that
are located in the same zoning district.
§ 9194. Confidentiality.
(a) Disclosure.--Information provided by cannabis business
establishment permittees or applicants to the authority, the
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Office of Social Equity, the Pennsylvania State Police or other
agency shall be limited to information necessary for the
purposes of administering this chapter. The information shall be
subject to the provisions and limitations contained in the act
of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
Law.
(b) Privacy.--The information received and records kept by
the authority, the Office of Social Equity and the Pennsylvania
State Police for purposes of administering this chapter shall be
subject to all applicable Federal privacy laws and shall be
confidential and exempt from disclosure under 5 U.S.C. § 552
(relating to public information; agency rules, opinions, orders,
records, and proceedings), except as provided under this
chapter. The information received and records kept by the
authority, the Office of Social Equity and the Pennsylvania
State Police for purposes of administering this chapter shall
not be subject to disclosure to an individual or a public or
private entity, except to the authority, the Office of Social
Equity, the Pennsylvania State Police and the Attorney General
as necessary to perform official duties under this chapter.
(c) Name and address.--The name and address of a person
holding each cannabis business establishment permit shall be
subject to disclosure under the Right-to-Know Law.
(d) Authority information.--All information collected by the
authority in the course of an examination, inspection or
investigation of a permittee or applicant, including any
complaint against a permittee or applicant filed with the
authority and information collected to investigate any
complaint, shall be maintained for the confidential use of the
authority and shall not be disclosed, except as otherwise
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provided under this chapter. A formal complaint against a
permittee by the authority or any disciplinary order issued by
the authority against a permittee or applicant shall be public
record, except as otherwise provided by law. Complaints from
consumers or members of the general public received regarding a
specific, named permittee or complaints regarding conduct by
entities without permits shall be subject to disclosure under
the Right-to-Know Law.
§ 9195. Financial institutions.
(a) Exemption.--A financial institution that provides
financial services customarily provided by financial
institutions to a cannabis business establishment authorized
under this chapter or to a person that is affiliated with a
cannabis business establishment shall be exempt from any
criminal law of the Commonwealth as it relates to cannabis-
related conduct authorized under State law.
(b) Confidentiality.--Information received by a financial
institution from a cannabis business establishment shall be
confidential. Except as otherwise required or permitted by
Federal or State law or regulation, a financial institution may
not make the information available to any person other than:
(1) The adult-use consumer to whom the information
applies.
(2) A trustee, conservator, guardian, personal
representative or agent of the adult-use consumer to whom the
information applies.
(3) A Federal or State regulator when requested in
connection with an examination of the financial institution
or if otherwise necessary for complying with Federal or State
law.
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(4) A Federal or State regulator when requested in
connection with an examination of the financial institution
or if otherwise necessary for complying with Federal or State
law.
(5) A third party performing service for the financial
institution if the third party is performing services under a
written agreement that expressly or by operation of law
prohibits the third party's sharing and use of confidential
information for any purpose other than as provided in its
agreement to provide services to the financial institution.
§ 9196. Contracts enforceable.
Contracts related to the operation of a cannabis business
establishment under this chapter shall be enforceable. A
contract entered into by a cannabis business establishment or
its agents on behalf of a cannabis business establishment, or by
those who allow property to be used by a cannabis business
establishment, may not be considered unenforceable on the basis
that cultivating, obtaining, manufacturing, processing,
distributing, dispensing, transporting, selling, possessing or
using cannabis is prohibited by Federal law.
§ 9197. Administrative rulemaking.
No later than 180 days after the promulgation of temporary
regulations, the authority and each Commonwealth agency or
authority with regulatory responsibility under this chapter
shall promulgate regulations in accordance with the duties
required under this chapter. The failure by a Commonwealth
agency or authority with regulatory responsibility under this
chapter to promulgate regulations within 180 days of the
promulgation of temporary regulations shall not delay or
otherwise impede a cannabis business establishment from
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commencing operations in accordance with this chapter.
SUBCHAPTER K
TAXES
Sec.
9199.1. Imposition of sales tax and excise tax.
9199.2. Cannabis Regulation Fund and distribution of revenue.
9199.3. Tax deduction for eligible cannabis business
establishments.
§ 9199.1. Imposition of sales tax and excise tax.
(a) Rate of sales tax.--A sales tax is imposed at the rate
of 8% of the sales price for cannabis and cannabis-infused
edible and nonedible products sold or otherwise transferred to
any person other than a cannabis business establishment.
(b) Deposit of sales tax.--Sales tax revenue under
subsection (a) shall be deposited into the Cannabis Regulation
Fund.
(c) Rate of excise tax.--In addition to all other applicable
taxes, an excise tax is imposed on each dispensary at the rate
of 5% of the sales price for cannabis sold for adult use or
otherwise transferred to any person other than a cannabis
business establishment. Except as otherwise provided by
regulation, a product subject to the tax imposed under this
subsection may not be bundled in a single transaction with a
product or service that is not subject to the tax imposed under
this subsection.
(d) Deposit of excise tax.--Excise tax revenue under
subsection (c) shall be deposited into the Cannabis Regulation
Fund.
§ 9199.2. Cannabis Regulation Fund and distribution of revenue.
(a) Establishment.--The Cannabis Regulation Fund is
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established in the State Treasury. Money in the fund is
appropriated as specified under subsection (d). Any amount
unspent at the end of a fiscal year shall be transferred to the
General Fund if there has been an appropriation from the General
Fund for the operations of the authority.
(b) Deposit.--Fees and taxes payable to the Cannabis
Regulation Fund under this chapter shall be deposited in the
Cannabis Regulation Fund, other than tax revenue disbursed to
municipalities and counties specified under subsection (f). The
money deposited into the Cannabis Regulation Fund may only be
used for the purposes specified under this section. Any interest
accrued shall be deposited into the Cannabis Regulation Fund.
(c) Transfers.--As soon as practical, but not to exceed 90
days, after the effective date of this subsection, the State
Treasurer shall transfer twenty percent of the total balance of
the Medical Marijuana Program Fund into the Cannabis Regulation
Fund.
(d) Allocation.--Money in the Cannabis Regulation Fund shall
be allocated in accordance with the following:
(1) Two percent of gross receipts of the revenue in the
Cannabis Regulation Fund is appropriated to the authority as
necessary for actual costs and expenses, including staffing
expenses and expenses related to administering and enforcing
this chapter.
(2) The remainder of the money in the Cannabis
Regulation Fund is transferred to the General Fund to provide
economic relief to this Commonwealth.
(e) Administration.--The Department of Revenue shall
administer the taxes imposed under this chapter and may
promulgate regulations that prescribe a method and manner for
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payment of the tax to ensure proper tax collection under this
chapter.
(f) Disbursement.--Revenue from all taxes collected under
this chapter shall be disbursed as follows:
(1) Ten percent of the revenue shall be disbursed to
municipalities in which a cannabis business establishment is
located, disbursed in proportion to the number of cannabis
business establishments within the municipality. The
following shall apply:
(i) If a cannabis business establishment is located
within a city of the first class or city of the second
class all applicable tax revenue under this subsection
shall be disbursed directly to the Commonwealth Financing
Authority for deposit into the local share accounts for
such cities.
(ii) (Reserved).
(2) Ten percent of the revenue shall be deposited into
the Cannabis Regulation Fund for program administration and
community investment.
(3) Thirty percent of the revenue shall be deposited
into the Community Opportunity Fund for technical assistance,
grants, loans and incubation of social and economic equity
applicants. Of the revenue, 5% shall be deposited into the
Agricultural Innovation Grant Program.
(4) Five percent of the revenue shall be used by the
authority to establish each of the following:
(i) A program to assist patients with the cost of
providing medical cannabis under Chapter 93 (relating to
medical use of cannabis) to patients who demonstrate
financial hardship or need under this chapter, and the
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authority shall develop guidelines and procedures to
ensure maximum availability to individuals with financial
need.
(ii) A program to assist patients and caregivers
with the cost associated with the waiver or reduction of
fees for identification cards under sections 9331(c)(5)
(relating to identification cards) and 9332(a)(2)
(relating to caregivers).
(iii) A program to reimburse caregivers for the cost
of providing background checks for caregivers.
(5) To the Department of Drug and Alcohol Programs, 10%
of the revenue in the fund allocated at levels of 3% for drug
use prevention, 3% for drug use treatment services and 4% for
community-based peer recovery support services.
(6) To the Pennsylvania Commission on Crime and
Delinquency, 10% of the revenue in the fund for distribution
to local police departments that demonstrate a need relating
to the enforcement of this chapter and 5% of the revenue in
the fund to be used for indigent defense services.
(7) To the Department of Agriculture, 5% of the revenue,
to be allocated at levels determined by the Department of
Agricultural, for the benefit of farmland preservation and
deposit in the Agricultural Innovation Grant Program.
(8) To the General Fund, 20%.
§ 9199.3. Tax deduction for eligible cannabis business
establishments.
A tax deduction shall be allowed from the taxable income of a
cannabis business establishment in the amount of the ordinary
and necessary expenses paid or incurred during the taxable year
by the cannabis business establishment that are ordinarily
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deductible for Federal income tax purposes under 26 U.S.C. § 162
(relating to trade or business expenses). The deduction shall
only be permitted to the extent that deductions for expenses
under 26 U.S.C. § 162 were not taken by the cannabis business
establishment for Federal income tax purposes for the taxable
year.
SUBCHAPTER L
CANNABIS CLEAN SLATE
Sec.
9199.11. Cannabis clean slate.
§ 9199.11. Cannabis clean slate.
(a) General rule.--An individual who has been arrested for,
charged with or convicted, including convictions resulting from
a plea bargain, under section 13(a)(30) or (31) of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, shall have the
individual's criminal history related to the criminal proceeding
expunged in accordance with subsection (b). This subsection
shall only apply to nonviolent offenses.
(b) Expungement process.--
(1) The Pennsylvania State Police central repository
shall, within six months of the effective date of this
paragraph, transmit to the Administrative Office of
Pennsylvania Courts all records related to an arrest or
conviction under subsection (a) for expungement.
(2) If the Administrative Office of Pennsylvania Courts
determines that a record transmitted under paragraph (1) is
not eligible for expungement, the Administrative Office of
Pennsylvania Courts shall notify the Pennsylvania State
Police of the determination within 30 days of receiving the
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information. Upon expiration of the 30-day period, the
Administrative Office of Pennsylvania Courts shall provide to
the court of common pleas in which the arrest or adjudication
occurred a list of all records eligible for expungement.
Within 30 days of receiving the list, the court of common
pleas shall order the expungement of all criminal history
records received under this section and all administrative
records of the Department of Transportation relating to the
criminal history records received under this section.
(c) Resentencing process.--
(1) An individual currently serving a sentence for a
conviction under The Controlled Substance, Drug, Device and
Cosmetic Act related to the manufacture, delivery, or
possession of cannabis, including, but not limited to,
section 13(a)(30) or (31) of The Controlled Substance, Drug,
Device and Cosmetic Act, that would have been lawful if this
chapter had been in effect at the time of the offense, may
petition for a dismissal of sentence before the trial court
that entered the judgment of conviction in his or her case to
request resentencing.
(2) An individual with a prior conviction under The
Controlled Substance, Drug, Device and Cosmetic Act, related
to the manufacture, delivery, or possession of cannabis
including, but not limited to, section 13(a)(30) or (31) of
The Controlled Substance, Drug, Device and Cosmetic Act, that
would have been lawful if this chapter had been in effect at
the time of the offense, who is currently serving a sentence
for a subsequent conviction of any kind and whose prior
conviction under The Controlled Substance, Drug, Device and
Cosmetic Act may have led to an increased sentence for the
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current conviction may petition for a dismissal of sentence
before the trial court that entered the judgment of
conviction in his or her case to request resentencing.
(3) Following review of the petition by the court, if
the individual is found to be eligible for resentencing, the
court shall notify the prosecution and any other relevant
parties to allow for the presentation of arguments or
evidence regarding the request.
(d) Release of inmates.--A court of common pleas that has
received an expungement order for a person currently
incarcerated for the crime for which the court received the
expungement order shall transmit to the appropriate county
correctional institution or State correctional institution, as
those terms are defined under 61 Pa.C.S. § 102 (relating to
definitions), an order for the immediate release or discharge of
the individual whose record has been ordered to be expunged.
(e) Motor vehicle operation privileges.--The Bureau of Motor
Vehicles shall reinstate an individual's suspended or revoked
motor vehicle operation privileges that were suspended or
revoked as a result of the individual's conviction that has been
expunged under this section.
(f) Reinstatement of license or registration.--A license or
registration that has been suspended or revoked under section 23
of The Controlled Substance, Drug, Device and Cosmetic Act due
to an arrest or conviction that has been expunged under this
section shall be reinstated.
(g) Workplace.--
(1) This section is not intended to prohibit an employer
from adopting reasonable policies restricting the use,
consumption, possession, transfer, display, transportation,
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sale or growing of cannabis or cannabis products by employees
in the workplace for adult use.
(2) The following shall apply to drug screening tests:
(i) Drug screening tests may be permissible for any
position of employment that is a safety-sensitive
position.
(ii) A random drug screening test showing the mere
presence of cannabis may not be the basis of a
termination of employment or any other disciplinary
action against the employee.
(iii) Except as otherwise specifically provided by
law:
(A) An employer may not refuse to hire a
prospective employee because the results of a drug
screening test indicate the presence of cannabis.
(B) If an employer requires an employee to
submit to a drug screening test within the first 30
days of employment, the employee shall have the right
to submit to an additional drug screening test, at
the employee's own expense, to rebut the results of
the initial drug screening test. The employer shall
accept and give appropriate consideration to the
results of the additional drug screening test.
(iv) The provisions of subparagraph (iii) shall not
apply:
(A) To the extent that the provisions are
inconsistent or otherwise in conflict with the
provisions of an employment contract or collective
bargaining agreement regarding the employee.
(B) To the extent that the provisions are
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inconsistent or otherwise in conflict with Federal
law.
(C) To a position of employment that is funded
by a Federal grant.
(3) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"Drug screening test." A test of an individual's blood,
urine, hair or saliva to detect the general presence of a
controlled substance or any other drug.
"Safety-sensitive position." A position that requires
any activity that an employer reasonably believes presents a
potential risk of harm to the health or safety of an
employee, others or the public while under the influence of
medical cannabis or cannabis for adult use, including:
(i) Duties performed at heights or in confined
spaces, including mining.
(ii) The operation of a motor vehicle, aircraft,
watercraft, snowmobile or other vehicles, equipment,
machinery or power tools.
(iii) Repairing, maintaining or monitoring the
performance or operation of any equipment, machinery or
manufacturing process, the malfunction or disruption of
which could result in injury or property damage.
(iv) Performing firefighting or law enforcement
duties.
(v) The operation, maintenance or oversight of
critical services and infrastructure, including electric,
gas and water utilities, power generation or
distribution.
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(vi) The extraction, compression, processing,
manufacturing, handling, packaging, storage, disposal,
treatment or transport of potentially volatile,
flammable, combustible materials, elements, chemicals or
other highly regulated components.
(vii) Dispensing pharmaceuticals.
(viii) A position that requires the employee to
carry a firearm.
(ix) Direct patient care or direct childcare.
SUBCHAPTER M
MISCELLANEOUS PROVISIONS
Sec.
9199.21. Conflicts.
9199.22. (Reserved).
9199.23. Implementation.
§ 9199.21. Conflicts.
The cultivation, processing, manufacture, acquisition,
transportation, sale, dispensing, distribution, possession and
consumption of cannabis permitted under this chapter and Chapter
93 (relating to medical use of cannabis) shall not be deemed to
be a violation of the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and Cosmetic
Act. If a provision of The Controlled Substance, Drug, Device
and Cosmetic Act relating to cannabis conflicts with a provision
of this chapter, this chapter shall take precedence.
§ 9199.22. (Reserved).
§ 9199.23. Implementation.
The issuance of permits and other authorizations specified
under this chapter, including the commencement of adult-use
cannabis sales, shall begin no later than 90 days after the
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effective date of this section.
CHAPTER 93
MEDICAL USE OF CANNABIS
Subchapter
A. Preliminary Provisions
B. Program
C. Practitioners
D. Patients
E. Medical Cannabis Business Establishments
F. Medical Cannabis Controls
G. Dispensaries
H. Offenses Related to Medical Cannabis
I. Academic Clinical Research Centers and Clinical
Registrants
J. Miscellaneous Provisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
9301. Scope of chapter.
9302. Declaration of policy.
9303. Definitions.
§ 9301. Scope of chapter.
This chapter relates to the regulation and use of medical
cannabis in this Commonwealth.
§ 9302. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Scientific evidence suggests that medical cannabis
is one potential therapy that may mitigate suffering in some
patients and also enhance quality of life.
(2) The Commonwealth is committed to patient safety.
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Carefully regulating the program which allows access to
medical cannabis will enhance patient safety while research
into its effectiveness continues.
(3) It is the intent of the General Assembly to:
(i) Provide a program of access to medical cannabis
which balances the need of patients to have access to the
latest treatments with the need to promote patient
safety.
(ii) Provide a safe and effective method of delivery
of medical cannabis to patients.
(iii) Promote high quality research into the
effectiveness and utility of medical cannabis.
(4) It is the further intention of the General Assembly
that any Commonwealth-based program to provide access to
medical cannabis serve as a temporary measure, pending
Federal approval of and access to medical cannabis through
traditional medical and pharmaceutical avenues.
§ 9303. Definitions.
For purposes of this chapter, the terms used in this chapter
shall have the meanings ascribed to them in Chapter 91 (relating
to adult use of cannabis). In addition, the following words and
phrases when used in this chapter shall have the meanings given
to them in this section unless the context clearly indicates
otherwise:
"Caregiver." The term includes the following entities
designated to deliver medical cannabis:
(1) An individual designated by a patient.
(2) If the patient is under 18 years of age, an
individual under section 9337(2) (relating to minors).
(3) Individuals designated in writing, for purposes of
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section 9332 (relating to caregivers), by an organization
that provides hospice, palliative or home health care
services and:
(i) Are employed by an organization that is licensed
under the act of July 19, 1979 (P.L.130, No.48), known as
the Health Care Facilities Act.
(ii) Have significant responsibility for managing
the healthcare and well-being of a patient.
(iii) Were designated by the organization to provide
care to a patient who has provided authorization for the
designation.
(4) Individuals designated in writing, for purposes of
section 9332, by a residential facility, including a long-
term care nursing facility, skilled nursing facility,
assisted living facility, personal care home, independent
long-term care facility or intermediate care facility for
individuals with intellectual disabilities that:
(i) Are licensed by the authority or the Department
of Human Services.
(ii) Have significant responsibility for managing
the health care and well-being of the patient.
(iii) Were designated by the residential facility to
provide care to a patient who has provided authorization
for the designation.
"Certified medical use." The acquisition, possession, use or
transportation of medical cannabis by a patient, or the
acquisition, possession, delivery, transportation or
administration of medical cannabis by a caregiver, for use as
part of the treatment of the patient's serious medical
condition, as authorized in a certification under this chapter,
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including enabling the patient to tolerate treatment for the
serious medical condition.
"Continuing care." Treating a patient, in the course of
which the practitioner has completed a full assessment of the
patient's medical history and current medical condition,
including a consultation with the patient.
"Family or household member." As defined in 23 Pa.C.S. §
6102 (relating to definitions).
"Fund." The Cannabis Regulation Fund.
"Identification card." A document issued under section 9331
(relating to identification cards) that authorizes access to
medical cannabis under this chapter.
"Individual dose." A single measure of medical cannabis.
"Medical cannabis." Cannabis for certified medical use as
specified in this chapter.
"Medical cannabis product." The final form and dosage of
medical cannabis that is grown, processed, produced, sealed,
labeled and tested by a grower/processor and sold to a
dispensary.
"Medical cannabis unit." An amount of medical cannabis
equivalent to 3.5 grams of dry leaf, 1 gram of concentrate or
100 milligrams of THC infused into a pill, capsule, oil, liquid,
tincture or topical form.
"Patient." An individual who:
(1) has a serious medical condition;
(2) has met the requirements for certification under
this chapter; and
(3) is a resident of this Commonwealth.
"Practitioner." A physician who is registered with the
authority under section 9321 (relating to practitioner
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registration).
"Prescription drug monitoring program." The Achieving Better
Care by Monitoring All Prescriptions Program.
"Registry." The registry established by the authority for
practitioners.
"Research initiative." A nonpatient investigation not
subject to Institutional Review Board or Research Approval
Committee approval requirements of a patient-based research
program, project or study, conducted by an academic clinical
research center and its contracted clinical registrant.
"Secretary." The Secretary of Health of the Commonwealth.
"Serious medical condition." Any of the following:
(1) Cancer, including remission therapy.
(2) Positive status for human immunodeficiency virus or
acquired immune deficiency syndrome.
(3) Amyotrophic lateral sclerosis.
(4) Parkinson's disease.
(5) Multiple sclerosis.
(6) Damage to the nervous tissue of the central nervous
system (brain-spinal cord) with objective neurological
indication of intractable spasticity and other associated
neuropathies.
(7) Epilepsy.
(8) Inflammatory bowel disease.
(9) Neuropathies.
(10) Huntington's disease.
(11) Crohn's disease.
(12) Posttraumatic stress disorder.
(13) Intractable seizures.
(14) Glaucoma.
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(15) Sickle cell anemia.
(16) Severe chronic or intractable pain of neuropathic
origin or severe chronic or intractable pain.
(17) Autism.
(18) Anxiety disorders.
(19) Chronic Hepatitis C.
(20) Dyskinetic and spastic movement disorder.
(21) Neurodegenerative diseases.
(22) Opioid use disorder for which conventional
therapeutic interventions are contraindicated or infective,
or for which adjunctive therapy is indicated in combination
with primary therapeutic interventions.
(23) Terminal illness.
(24) Tourette syndrome.
(25) Other conditions determined and certified by a
practitioner for which a patent may benefit from a certified
medical use of cannabis.
"Synchronous interaction." A two-way or multiple-way
exchange of information between a patient and a health care
provider that occurs in real time via audio or video
conferencing.
"Terminally ill." A medical prognosis of life expectancy of
approximately one year or less if the illness runs its normal
course.
SUBCHAPTER B
PROGRAM
Sec.
9311. Program established.
9312. Confidentiality and public disclosure.
9313. Lawful use of medical cannabis.
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9314. (Reserved).
§ 9311. Program established.
(a) Establishment.--A medical cannabis program for patients
suffering from serious medical conditions is established. The
program shall be implemented and administered by the authority
which shall implement standards and operational requirements
identical to those set forth in Chapter 91 (relating to adult
use of cannabis), except where expressly required to protect the
rights of patients. The authority shall have all the powers and
duties authorized by Chapter 91, in addition to the following:
(1) Register practitioners and ensure their compliance
with this chapter.
(2) Maintain a directory of patients and caregivers
approved to use or assist in the administration of medical
cannabis within the authority's database.
(3) (Reserved).
(4) Establish a program to authorize the use of medical
cannabis to conduct medical research relating to the use of
medical cannabis to treat serious medical conditions,
including the collection of data and the provision of
research grants.
(5) Establish and maintain public outreach programs
about the medical cannabis program, including:
(i) A dedicated telephone number for patients,
caregivers and members of the public to obtain basic
information about the dispensing of medical cannabis
under this chapter.
(ii) A publicly accessible Internet website with
similar information.
(b) Regulations.--The authority shall promulgate all
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regulations necessary to carry out the provisions of this
chapter. No medical cannabis regulation shall differ from any
regulation promulgated by the authority addressing the
comparable issue regarding the operation of a permittee under
Chapter 91 (relating to adult use of cannabis), except where
expressly required to protect the rights of patients. The
authority shall align all medical cannabis regulations
promulgated under this chapter with the regulations promulgated
under Chapter 91, eliminating differences between the
regulations and avoiding any duplication required by medical
cannabis permittees who hold dual-use permits under Chapter 91,
except where differences are required to protect the rights of
patients. To the extent any medical cannabis regulation
conflicts with any regulation related to adult-use cannabis
under Chapter 91, the adult-use cannabis regulation shall
supersede the medical cannabis regulation, except as required to
protect the rights of patients.
§ 9312. Confidentiality and public disclosure.
(a) Patient information.--The authority shall maintain a
confidential list of patients and caregivers to whom it has
issued identification cards. All information obtained by the
authority relating to patients, caregivers and other applicants
shall be confidential and not subject to public disclosure,
including disclosure under the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law, including:
(1) Individual identifying information about patients
and caregivers.
(2) Certifications issued by practitioners.
(3) Information on identification cards.
(4) Information provided by the Pennsylvania State
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Police under section 9332(b) (relating to caregivers).
(5) Information relating to the patient's serious
medical condition.
(b) Public information.--The following records are public
records and shall be subject to the Right-to-Know Law:
(1) Applications for permits submitted by medical
cannabis business establishments.
(2) The names, business addresses and medical
credentials of practitioners authorized to provide
certifications to patients to enable them to obtain and use
medical cannabis in this Commonwealth. All other practitioner
registration information shall be confidential and exempt
from public disclosure under the Right-to-Know Law.
(3) Information relating to penalties or other
disciplinary actions taken against a medical cannabis
business establishment or practitioner by the authority for
violation of this chapter.
§ 9313. Lawful use of medical cannabis.
(a) General rule.--Notwithstanding any provision of law to
the contrary, use or possession of medical cannabis as set forth
in this chapter is lawful within this Commonwealth.
(b) Requirements.--The lawful use of medical cannabis is
subject to the following:
(1) Medical cannabis may only be dispensed to:
(i) a patient who receives a certification from a
practitioner and is in possession of a valid
identification card issued by the authority; and
(ii) a caregiver who is in possession of a valid
identification card issued by the authority.
(2) Subject to regulations promulgated under this
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chapter, medical cannabis may only be dispensed to a patient
or caregiver in the following forms and dosages approved by
the board:
(i) Cannabis-infused nonedible products.
(ii) Cannabis-infused edible products no greater
than 1,200 milligrams per package.
(iii) Dry leaf and plant material to be administered
by combustion, smoking, vaporization or nebulization.
(iv) Cannabis concentrates:
(A) Vaporizers not exceeding 2 grams per
package.
(B) Other cannabis concentrates intended for
vaporization not exceeding 3 grams per package.
(3) (Reserved).
(4) A patient may designate up to two caregivers at any
one time.
(5) Medical cannabis that has not been used by the
patient shall be kept in the original package in which it was
dispensed.
(6) A patient or caregiver shall possess an
identification card whenever the patient or caregiver is in
possession of medical cannabis. This does not apply to adult-
use cannabis purchased by a patient or caregiver, which shall
be treated separate from their medical cannabis allotment.
(7) Products packaged by a grower/processor or sold by a
dispensary shall only be identified by the name of the
grower/processor, the name of the dispensary, the brand name,
if applicable, the form and species of medical cannabis, the
percentage of tetrahydrocannabinol and cannabinol contained
in the product and any other labeling required by the
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authority.
(c) Limitations on cultivating cannabis.--Cultivating
cannabis for personal use by a patient shall be subject to the
following limitations:
(1) A resident of this Commonwealth 21 years of age or
older who is a patient may cultivate cannabis plants, with a
limit of five plants that are more than five inches tall,
without an adult-use cultivation center or microcultivation
center permit. The plant limitation specified under this
paragraph shall be cumulative for households in which more
than one patient resides. As used in this paragraph, the term
"resident" means an individual who has been domiciled in this
Commonwealth for a period of 30 days prior to cultivation.
(2) Cannabis cultivation by a patient shall take place
in an enclosed, locked space.
(3) A patient 21 years of age or older shall purchase
cannabis seeds and immature cannabis plants from a dispensary
for the purpose of home cultivation. Seeds and immature
cannabis plants may not be given or resold to any other
individual regardless of age.
(4) Cannabis plants shall not be stored or placed in a
location where they are subject to ordinary public view. A
patient who cultivates cannabis shall take reasonable
precautions to ensure that the plants are secure from
unauthorized access, including unauthorized access by an
individual who is under 21 years of age.
(5) Cannabis cultivation for personal use by a patient
may occur only on residential property lawfully in possession
of the patient cultivating cannabis for personal use or with
the consent of the person in lawful possession of the
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property. An owner or lessor of residential property may
prohibit the cultivation of cannabis by a lessee.
(6) Cannabis plants may only be tended by a patient who
resides at the residence or caregiver authorized by a patient
attending to the residence for brief periods.
(7) A patient who cultivates more than the allowable
number of cannabis plants, or who sells or gives away
cannabis plants, cannabis or cannabis-infused edible or
nonedible products, shall be liable for penalties as provided
by State law in addition to loss of home cultivation
privileges as established by regulation by the board.
(8) Cannabis cultivated by a patient and cannabis
produced by cannabis plants grown, if the amount of cannabis
produced is in excess of 30 grams of raw cannabis, shall
remain secured within the residence or residential property
in which the cannabis is grown.
§ 9314. (Reserved).
SUBCHAPTER C
PRACTITIONERS
Sec.
9321. Practitioner registration.
9322. Practitioner restrictions.
9323. Issuance of certification.
9324. Certification form.
9325. Duration.
§ 9321. Practitioner registration.
(a) Eligibility.--A physician included in the registry is
authorized to issue certifications to patients to use medical
cannabis. To be eligible for inclusion in the registry:
(1) A physician must apply for registration in the form
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and manner required by the authority.
(2) The authority must determine that the physician is,
by training or experience, qualified to treat a serious
medical condition. The physician shall provide documentation
of credentials, training or experience as required by the
authority.
(3) The physician must have successfully completed the
course under section 9311(a)(7) (relating to program
established).
(b) Authority action.--
(1) The authority shall review an application submitted
by a physician to determine whether to include the physician
in the registry. The review shall include information
maintained by the Department of State regarding whether the
physician has a valid, unexpired, unrevoked, unsuspended
Pennsylvania license to practice medicine and whether the
physician has been subject to discipline.
(2) The inclusion of a physician in the registry shall
be subject to annual review to determine if the physician's
license is no longer valid, has expired or been revoked or
the physician has been subject to discipline. If the license
is no longer valid, the authority shall remove the physician
from the registry until the physician holds a valid,
unexpired, unrevoked, unsuspended Pennsylvania license to
practice medicine.
(3) The Department of State shall report to the
authority the expiration, suspension or revocation of a
physician's license and any disciplinary actions in a timely
fashion.
(c) Practitioner requirements.--A practitioner included in
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the registry shall have an ongoing responsibility to immediately
notify the authority in writing if the practitioner knows or has
reason to know that any of the following is true with respect to
a patient for whom the practitioner has issued a certification:
(1) The patient no longer has the serious medical
condition for which the certification was issued.
(2) Medical cannabis would no longer be therapeutic or
palliative.
(3) The patient has died.
§ 9322. Practitioner restrictions.
(a) Practices prohibited.--The following apply with respect
to practitioners:
(1) A practitioner may not accept, solicit or offer any
form of remuneration from or to a prospective patient,
patient, prospective caregiver, caregiver or medical cannabis
business establishment, including an employee, financial
backer or principal, to certify a patient, other than
accepting a fee for service with respect to the examination
of the prospective patient to determine if the prospective
patient should be issued a certification to use medical
cannabis.
(2) A practitioner may not hold a direct or economic
interest in a medical cannabis business establishment.
(3) A practitioner may not advertise the practitioner's
services as a practitioner who can certify a patient to
receive medical cannabis.
(b) Unprofessional conduct.--A practitioner who violates
subsection (a) shall not be permitted to issue certifications to
patients. The practitioner shall be removed from the registry.
(c) Discipline.--In addition to any other penalty that may
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be imposed under this chapter, a violation of subsection (a) or
section 9323(f) (relating to issuance of certification) shall be
deemed unprofessional conduct under section 41(8) of the act of
December 20, 1985 (P.L.457, No.112), known as the Medical
Practice Act of 1985, or section 15(a)(8) of the act of October
5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical
Practice Act, and shall subject the practitioner to discipline
by the State Board of Medicine or the State Board of Osteopathic
Medicine, as appropriate.
§ 9323. Issuance of certification.
(a) Conditions for issuance.--A certification to use medical
cannabis may be issued by a practitioner to a patient if all of
the following requirements are met:
(1) The practitioner has been approved by the authority
for inclusion in the registry and has a valid, unexpired,
unrevoked, unsuspended Pennsylvania license to practice
medicine at the time of the issuance of the certification.
(2) The practitioner has determined that the patient has
a serious medical condition and has included the condition in
the patient's health care record.
(3) The patient is under the practitioner's continuing
care for the serious medical condition.
(4) In the practitioner's professional opinion and
review of past treatments, the practitioner determines the
patient is likely to receive therapeutic or palliative
benefit from the use of medical cannabis.
(b) Contents.--The certification shall include:
(1) The patient's name, date of birth and address.
(2) The specific serious medical condition of the
patient.
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(3) A statement by the practitioner that the patient has
a serious medical condition and the patient is under the
practitioner's continuing care for the serious medical
condition.
(4) The date of issuance.
(5) The name, address, telephone number and signature of
the practitioner.
(6) Any requirement or limitation concerning the
appropriate form of medical cannabis and limitation on the
duration of use, if applicable, including whether the patient
is terminally ill.
(c) Consultation.--A practitioner shall review the
prescription drug monitoring program prior to:
(1) Issuing a certification to determine the controlled
substance history of a patient.
(2) Recommending a change of amount or form of medical
cannabis.
(d) Other access by practitioner.--A practitioner may access
the prescription drug monitoring program to do any of the
following:
(1) Determine whether a patient may be under treatment
with a controlled substance by another physician or other
person.
(2) Allow the practitioner to review the patient's
controlled substance history as deemed necessary by the
practitioner.
(3) Provide to the patient, or caregiver on behalf of
the patient if authorized by the patient, a copy of the
patient's controlled substance history.
(e) Duties of practitioner.--The practitioner shall:
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(1) Provide the certification to the patient.
(2) Provide a copy of the certification to the
authority, which shall place the information in the patient
directory within the authority's electronic database. The
authority shall permit electronic submission of the
certification.
(3) File a copy of the certification in the patient's
health care record.
(f) Prohibition.--A practitioner may not issue a
certification for the practitioner's own use or for the use of a
family or household member.
§ 9324. Certification form.
The authority shall develop a standard certification form,
which shall be available to practitioners upon request. The form
shall be available electronically. The form shall include a
statement that a false statement made by a practitioner is
punishable under the applicable provisions of 18 Pa.C.S. Ch. 49
(relating to falsification and intimidation).
§ 9325. Duration.
Receipt of medical cannabis by a patient or caregiver from a
dispensary may not exceed a 90-day supply, 192 medical cannabis
units, of individual doses. During the last seven days of any
30-day period during the term of the identification card, a
patient may obtain and possess a 90-day supply for the
subsequent 30-day period. Additional 90-day supplies may be
provided in accordance with this section for the duration of the
authorized period of the identification card unless a shorter
period is indicated on the certification. This provision does
not apply to purchases made under Chapter 91 (relating to adult
use of cannabis).
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SUBCHAPTER D
PATIENTS
Sec.
9331. Identification cards.
9332. Caregivers.
9333. Notice.
9334. Verification.
9335. Special conditions.
9336. (Reserved).
9337. Minors.
9338. Caregiver authorization and limitations.
9339. Contents of identification card.
9339.1. Suspension.
9339.2. Prohibitions.
§ 9331. Identification cards.
(a) Issuance.--The authority may issue an identification
card to a patient who has a certification approved by the
authority and to a caregiver designated by the patient. An
identification card issued to a patient shall authorize the
patient to obtain and use medical cannabis as authorized by this
chapter. An identification card issued to a caregiver shall
authorize the caregiver to obtain medical cannabis on behalf of
the patient.
(b) Procedure for issuance.--The authority shall develop and
implement procedures for:
(1) Review and approval of applications for
identification cards.
(2) Issuance of identification cards to patients and
caregivers.
(3) Review of the certification submitted by the
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practitioner and the patient.
(c) Application.--A patient or a caregiver may apply, in a
form and manner prescribed by the authority, for issuance or
renewal of an identification card. A caregiver must submit a
separate application for issuance or renewal. Each application
must include:
(1) The name, address and date of birth of the patient.
(2) The name, address and date of birth of a caregiver.
(3) The certification issued by the practitioner.
(4) The name, address and telephone number of the
practitioner and documentation from the practitioner that all
of the requirements of section 9323(a) (relating to issuance
of certification) have been met.
(5) A $50 processing fee. The authority may waive or
reduce the fee if the applicant demonstrates financial
hardship.
(6) The signature of the applicant and date signed.
(7) Other information required by the authority.
(d) Forms.--Application and renewal forms shall be available
on the authority's publicly accessible Internet website.
(e) Expiration.--An identification card of a patient or
caregiver shall expire within one year from the date of
issuance, upon the death of the patient or as otherwise provided
in this section.
(f) Separate cards to be issued.--The authority shall issue
separate identification cards for patients and caregivers as
soon as reasonably practicable after receiving completed
applications, unless it determines that an application is
incomplete or factually inaccurate, in which case it shall
promptly notify the applicant.
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(g) (Reserved).
(h) Change in name or address.--A patient or caregiver who
has been issued an identification card shall notify the
authority within 10 days of any change of name or address. In
addition, the patient shall notify the authority within 10 days
if the patient no longer has the serious medical condition noted
on the certification.
(i) Lost or defaced card.--In the event of a lost, stolen,
destroyed or illegible identification card, the patient or
caregiver shall apply to the authority within 10 business days
of discovery of the loss or defacement of the card for a
replacement card. The application for a replacement card shall
be on a form furnished by the authority and accompanied by a $25
fee. The authority may establish higher fees for issuance of
second and subsequent replacement identification cards. The
authority may waive or reduce the fee in cases of demonstrated
financial hardship. The authority shall issue a replacement
identification card as soon as practicable. A patient or
caregiver may not obtain medical cannabis until the authority
issues the replacement card.
§ 9332. Caregivers.
(a) Requirements.--
(1) If the patient designates a caregiver, the
application shall include the name, address and date of birth
of the caregiver, other individual identifying information
required by the authority and the following:
(i) Federal and Commonwealth criminal history record
information as set forth in subsection (b).
(ii) If the caregiver has an identification card for
the caregiver or another patient, the expiration date of
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the identification card.
(iii) Other information required by the authority.
(2) The application shall be accompanied by a fee of
$50. The authority may waive or reduce the fee in cases of
demonstrated financial hardship.
(3) The authority may require additional information for
the application.
(4) The application shall be signed and dated by the
applicant.
(b) Criminal history.--A caregiver who has not been
previously approved by the authority under this section shall
submit fingerprints for the purpose of obtaining criminal
history record checks, and the Pennsylvania State Police or its
authorized agent shall submit the fingerprints to the Federal
Bureau of Investigation for the purpose of verifying the
identity of the applicant and obtaining a current record of any
criminal arrests and convictions. The following shall apply:
(1) Any criminal history record information relating to
a caregiver obtained under this section by the authority may
be interpreted and used by the authority only to determine
the applicant's character, fitness and suitability to serve
as a caregiver under this chapter.
(2) The criminal history record information provided
under this subsection may not be subject to the limitations
under 18 Pa.C.S. § 9121(b)(2) (relating to general
regulations).
(3) The authority shall also review the prescription
drug monitoring program relating to the caregiver.
(4) The authority shall deny the application of a
caregiver who has been convicted of a criminal offense that
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occurred within the past five years relating to the sale or
possession of drugs, narcotics or controlled substances.
(5) The authority may deny an application if the
applicant has a history of drug use or of diverting
controlled substances or illegal drugs.
§ 9333. Notice.
An application for an identification card shall include
notice that a false statement made in the application is
punishable under the applicable provisions of 18 Pa.C.S. Ch. 49
(relating to falsification and intimidation).
§ 9334. Verification.
The authority shall verify the information in a patient or
caregiver's application and on any renewal form.
§ 9335. Special conditions.
The following apply:
(1) If the practitioner states in the certification
that, in the practitioner's professional opinion, the patient
would benefit from medical cannabis only until a specified
earlier date, then the identification card shall expire on
that date.
(2) If the certification so provides, the identification
card shall state any requirement or limitation by the
practitioner as to the form of medical cannabis for the
patient.
§ 9336. (Reserved).
§ 9337. Minors.
If a patient is under 18 years of age, the following shall
apply:
(1) The patient shall have a caregiver.
(2) A caregiver must be one of the following:
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(i) A parent or legal guardian of the patient.
(ii) An individual designated by a parent or legal
guardian.
(iii) An appropriate individual approved by the
authority upon a sufficient showing that no parent or
legal guardian is appropriate or available.
§ 9338. Caregiver authorization and limitations.
(a) Age.--An individual who is under 21 years of age may not
be a caregiver unless a sufficient showing, as determined by the
authority, is made to the authority that the individual should
be permitted to serve as a caregiver.
(b) Changing caregiver.--If a patient wishes to change or
terminate the designation of the patient's caregiver, for
whatever reason, the patient shall notify the department as soon
as practicable. The department shall issue a notification to the
caregiver that the caregiver's identification card is invalid
and must be promptly returned to the authority.
(c) Denial in part.--If an application of a patient
designates an individual as a caregiver who is not authorized to
be a caregiver, that portion of the application shall be denied
by the authority. The authority shall review the balance of the
application and may approve that portion of it.
§ 9339. Contents of identification card.
An identification card shall contain the following:
(1) The name of the caregiver or the patient, as
appropriate. The identification card shall also state whether
the individual is designated as a patient or as a caregiver.
(2) The date of issuance and expiration date.
(3) An identification number for the patient or
caregiver, as appropriate.
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(4) A photograph of the individual to whom the
identification card is being issued, whether the individual
is a patient or a caregiver. The method of obtaining the
photograph shall be specified by the authority by regulation.
The authority shall provide reasonable accommodation for a
patient who is confined to the patient's home or is in
inpatient care.
(5) Any requirement or limitation set by the
practitioner as to the form of medical cannabis.
(6) Any other requirements determined by the authority,
except the authority may not require that an identification
card disclose the patient's serious medical condition.
§ 9339.1. Suspension.
If a patient or caregiver intentionally, knowingly or
recklessly violates any provision of this chapter as determined
by the authority, the identification card of the patient or
caregiver may be suspended or revoked. The suspension or
revocation shall be in addition to any criminal or other penalty
that may apply.
§ 9339.2. Prohibitions.
The following prohibitions shall apply:
(1) A patient may not operate or be in physical control
of a motor vehicle if proven to be impaired by medical
cannabis. The following shall apply:
(i) A medical cannabis patient convicted of
operating a vehicle while impaired to a degree that the
individual is unable to safely drive, operate or be in
actual physical control of the motor vehicle shall be
penalized under 75 Pa.C.S. § 3804(c) (relating to
penalties).
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(ii) Possession of a medical cannabis patient
identification card shall not, in and of itself, be
sufficient to establish probable cause to charge the
individual with a violation of this chapter.
(iii) Possession of a medical cannabis patient
identification card shall not, in and of itself,
establish reasonable grounds to request a chemical test
under 75 Pa.C.S. § 1547 (relating to chemical testing to
determine amount of alcohol or controlled substance).
(iv) Nothing in this section shall be construed to
supersede Federal regulation of the licensing and
operation of commercial vehicles and school vehicles.
(2) A patient may not perform any employment duties at
heights or in confined spaces, including mining, while under
the influence of medical cannabis.
(3) A patient may be prohibited by an employer from
performing any task which the employer deems life-
threatening, to either the employee or any of the employees
of the employer, while under the influence of medical
cannabis. The prohibition shall not be deemed an adverse
employment decision even if the prohibition results in
financial harm for the patient.
(4) A patient may be prohibited by an employer from
performing any duty which could result in a public health or
safety risk while under the influence of medical cannabis.
The prohibition shall not be deemed an adverse employment
decision even if the prohibition results in financial harm
for the patient.
SUBCHAPTER E
MEDICAL CANNABIS BUSINESS ESTABLISHMENTS
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Sec.
9341. Medical cannabis business establishments.
9342. Permit required.
9343. Applications.
9344. Issuance of permits.
9345. Diversity goals.
9346. Limitations on permits.
§ 9341. Medical cannabis business establishments.
The following entities shall be authorized to receive a
permit to operate as a medical cannabis business establishment
to grow, process or dispense medical cannabis:
(1) Grower/processors.
(2) Dispensaries.
§ 9342. Permit required.
A person may not operate a medical cannabis business
establishment for the purpose of cultivating, processing,
dispensing or transporting medical cannabis or medical cannabis-
infused edible or nonedible products without a permit issued
under this chapter. A person may not be an officer, director,
manager or agent of a medical cannabis business establishment
without having been authorized by the authority.
§ 9343. Applications.
(a) Notice.--Upon a determination by the authority that
additional medical cannabis business establishments are
necessary to meet the need of patients within the Commonwealth
the authority shall transmit notice of a request for
applications, including the number of permits to be awarded and
the time period in which applications will be accepted by the
authority, to the Legislative Reference Bureau for publication
in the next available issue of the Pennsylvania Bulletin.
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(b) Application.--An application for a grower/processor or
dispensary permit to grow, process or dispense medical cannabis
shall be in a form and manner prescribed by the authority.
(c) Additional information.--If the authority is not
satisfied that the applicant should be issued a permit, the
authority shall notify the applicant in writing of the factors
for which further documentation is required. Within 30 days of
the receipt of the notification, the applicant may submit
additional material to the authority.
§ 9344. Issuance of permits.
(a) Manner.--The issuance of permits to eligible applicants
shall occur in a manner as determined by the authority.
(b) Required information.--A permit issued by the authority
to a medical cannabis business establishment that will operate a
medical only facility and not one that is permitted as a dual-
use facility under Chapter 91 (relating to adult use of
cannabis), shall be effective only for that permittee and shall
specify the following:
(1) The name and address of the medical cannabis
business establishment.
(2) The activities of the medical cannabis business
establishment permitted under this chapter.
(3) The land, buildings, facilities or location to be
used by the medical cannabis business establishment.
(4) Any other information required by the authority.
§ 9345. Diversity goals.
(a) Goals.--It is the intent and goal of the General
Assembly that the authority promote diversity and the
participation by diverse groups in the activities authorized
under this chapter. In order to further this goal, the authority
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shall adopt and implement policies ensuring the following:
(1) That diverse groups are accorded equal opportunity
in the permitting process.
(2) That permittees promote the participation of diverse
groups in their operations by affording equal access to
employment opportunities.
(b) Duties of authority.--To facilitate participation by
diverse groups in the activities authorized under this chapter,
the authority shall:
(1) Conduct necessary and appropriate outreach
including, if necessary, consulting with other Commonwealth
agencies to identify diverse groups who may qualify for
participation in activities under this chapter.
(2) Provide sufficient and continuous notice of the
participation opportunities afforded under this chapter by
publishing notice on the authority's publicly accessible
Internet website.
(3) Include in the applications for permit under this
chapter language to encourage applicants to utilize and give
consideration to diverse groups for contracting or
professional services opportunities.
(4) Publish no later than December 5 of each year a list
of the surrendered or revoked licenses under this chapter on
the authority's publicly accessible Internet website.
(5) Accept applications for the licenses on the list
under paragraph (4) no later than January 15 of each year,
submitted by an applicant that is any of the following:
(i) A disadvantaged business.
(ii) A diverse group.
(iii) A small business.
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(c) Reports.--No later than March 1, 2027, and each March 1
thereafter, the authority shall submit a report to the
chairperson and minority chairperson of the Health and Human
Services Committee of the Senate and the chairperson and
minority chairperson of the Health Committee of the House of
Representatives summarizing the participation and utilization of
diverse groups in the activities authorized under this chapter.
The report shall include:
(1) The participation level, by percentage, of diverse
groups in the activities authorized under this chapter.
(2) A summary of how diverse groups are utilized by
permittees, including in the provision of goods or services.
(3) Any other information the authority deems
appropriate.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Disadvantaged business." As defined in 74 Pa.C.S. § 303(b)
(relating to diverse business participation).
"Diverse group." A disadvantaged business, minority-owned
business, women-owned business, service-disabled veteran-owned
small business or veteran-owned small business that has been
certified by a third-party certifying organization.
"Service-disabled veteran-owned small business." As defined
in 51 Pa.C.S. § 9601 (relating to definitions).
"Small business." An independently owned and operated for-
profit business that employs 25 or fewer employees and not a
subsidiary or affiliate of a corporation.
"Third-party certifying organization." As defined in 74
Pa.C.S. § 303(b).
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§ 9346. Limitations on permits.
The following limitations apply to approval of permits for
grower/processors and dispensaries:
(1) The authority may not initially issue permits to
more than 25 growers/processors.
(2) The authority may not initially issue permits to
more than 50 dispensaries. Each dispensary may provide
medical cannabis at no more than three separate locations.
(3) The authority may not issue more than five
individual dispensary permits to one person.
(4) The authority may not issue more than one individual
grower/processor permit to one person.
(5) No more than five grower/processors may be issued
permits as dispensaries. If the number of growers/processors
is increased as determined by the authority no more than 20%
of the total number of growers/processors may also be issued
permits as dispensaries.
(6) A dispensary may only obtain medical cannabis from a
grower/processor holding a valid permit under this chapter.
(7) A grower/processor may only provide medical cannabis
to a dispensary holding a valid permit under this chapter.
SUBCHAPTER F
MEDICAL CANNABIS CONTROLS
Sec.
9351. Electronic tracking.
9352. Laboratory.
§ 9351. Electronic tracking.
(a) Requirement.--A grower/processor or dispensary must
implement the designated seed-to-sale tracking system as
selected by the authority and an independent point-of-sale
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system. These systems shall comply with requirements contained
within Chapter 91 (relating to adult use of cannabis).
(b) Access.--Information maintained in electronic tracking
systems under subsection (a) shall be confidential and not
subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law.
§ 9352. Laboratory.
The authority shall promulgate regulations regarding
laboratory practices and compliance testing, which shall include
standards and operational requirements identical to those set
forth in Chapter 91 (relating to adult use of cannabis).
SUBCHAPTER G
DISPENSARIES
Sec.
9361. Dispensing to patients and caregivers.
§ 9361. Dispensing to patients and caregivers.
(a) General rule.--A medical cannabis business establishment
authorized to dispense to patients and caregivers may lawfully
dispense medical cannabis to a patient or caregiver upon
presentation to the dispensary of a valid identification card
for that patient or caregiver. The dispensary shall provide to
the patient or caregiver a receipt, which shall include
information as determined by the authority.
(b) Filing with authority.--Prior to dispensing medical
cannabis to a patient or caregiver, the dispensary shall file
the receipt information with the authority utilizing the
electronic tracking system. When filing receipts under this
subsection, the dispensary shall dispose of any electronically
recorded certification information as provided by regulation.
(c) Limitations.--No dispensary may dispense to a patient or
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caregiver:
(1) a quantity of medical cannabis greater than that
which the patient or caregiver is permitted to possess under
the certification; or
(2) a form of medical cannabis prohibited by this
chapter.
(d) Supply.--When dispensing medical cannabis to a patient
or caregiver, the dispensary may not dispense an amount greater
than a 90-day supply, 192 medical cannabis units, until the
patient has exhausted all but a seven-day supply provided under
a previously issued certification until additional certification
is presented under section 9325 (relating to duration).
(e) Verification.--Prior to dispensing medical cannabis to a
patient or caregiver, the dispensary shall verify the
information in subsections (d) and (f) by consulting the
electronic tracking system included in the authority's
electronic database established under section 9311(a)(4)(v)
(relating to program established) and the dispensary tracking
system under section 9351(a)(2) (relating to electronic
tracking).
(f) Form of medical cannabis.--Medical cannabis dispensed to
a patient or caregiver by a dispensary shall conform to any
requirement or limitation set by the practitioner as to the form
of medical cannabis for the patient.
SUBCHAPTER H
OFFENSES RELATED TO MEDICAL CANNABIS
Sec.
9391.1. Criminal diversion of medical cannabis by practitioners.
9391.2. Criminal diversion of medical cannabis.
9391.3. Criminal retention of medical cannabis.
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9391.4. Criminal diversion of medical cannabis by patient or
caregiver.
9391.5. Falsification of identification cards.
9391.6. Adulteration of medical cannabis.
9391.7. Disclosure of information prohibited.
9391.8. Additional penalties.
9391.9. Other restrictions.
§ 9391.1. Criminal diversion of medical cannabis by
practitioners.
In addition to any other penalty provided by law, a
practitioner commits a misdemeanor of the first degree if the
practitioner intentionally, knowingly or recklessly certifies a
person as being able to lawfully receive medical cannabis or
otherwise provides medical cannabis to a person who is not
lawfully permitted to receive medical cannabis.
§ 9391.2. Criminal diversion of medical cannabis.
In addition to any other penalty provided by law, an
employee, financial backer, operator or principal of any of the
following commits a misdemeanor of the first degree if the
person intentionally, knowingly or recklessly sells, dispenses,
trades, delivers or otherwise provides medical cannabis to a
person who is not lawfully permitted to receive medical
cannabis:
(1) A medical cannabis business establishment.
(2) A clinical registrant or academic clinical research
center under Subchapter I (relating to academic clinical
research centers and clinical registrants).
(3) A laboratory utilized to test medical cannabis under
section 9352 (relating to laboratory).
§ 9391.3. Criminal retention of medical cannabis.
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In addition to any other penalty provided by law, a patient
or caregiver commits a misdemeanor of the third degree if the
patient or caregiver intentionally, knowingly or recklessly
possesses, stores or maintains an amount of medical cannabis in
excess of the amount legally permitted.
§ 9391.4. Criminal diversion of medical cannabis by patient or
caregiver.
(a) Offense defined.--In addition to any other penalty
provided by law, a patient or caregiver commits an offense if
the patient or caregiver intentionally, knowingly or recklessly
provides medical cannabis to a person who is not lawfully
permitted to receive medical cannabis.
(b) Grading.--A first offense under this section constitutes
a misdemeanor of the second degree. A second or subsequent
offense constitutes a misdemeanor of the first degree.
§ 9391.5. Falsification of identification cards.
(a) Offense defined.--In addition to any other penalty
provided by law, a person commits an offense if, knowing he is
not privileged to hold an identification card, the person does
any of the following:
(1) Possesses an identification card and either attempts
to use the card to obtain medical cannabis or obtains medical
cannabis.
(2) Possesses an identification card which falsely
identifies the person as being lawfully entitled to receive
medical cannabis and either attempts to use the card to
obtain medical cannabis or obtains medical cannabis.
(3) Possesses an identification card which contains any
false information on the card and the person either attempts
to use the card to obtain medical cannabis or obtains medical
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cannabis.
(b) Grading.--A first offense under this section constitutes
a misdemeanor of the second degree. A second or subsequent
offense under this section constitutes a misdemeanor of the
first degree.
§ 9391.6. Adulteration of medical cannabis.
(a) General rule.--In addition to any other penalty provided
by law, a person commits an offense if the person adulterates,
fortifies, contaminates or changes the character or purity of
medical cannabis from that set forth on the patient's or
caregiver's identification card.
(b) Grading.--A first offense under this section constitutes
a misdemeanor of the second degree. A second or subsequent
offense under this section constitutes a misdemeanor of the
first degree.
§ 9391.7. Disclosure of information prohibited.
(a) Offense defined.--In addition to any other penalty
provided by law, an employee, financial backer, operator or
principal of any of the following commits a misdemeanor of the
third degree if the person discloses, except to authorized
persons for official governmental or health care purposes, any
information related to the use of medical cannabis:
(1) A medical cannabis business establishment.
(2) A clinical registrant or academic clinical research
center under Subchapter I (relating to academic clinical
research centers and clinical registrants).
(3) An employee or contractor of the authority.
(b) Exception.--Subsection (a) shall not apply where
disclosure is permitted or required by law or by court order.
The authority, including an authorized employee, requesting or
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obtaining information under this chapter shall not be subject to
any criminal liability. The immunity provided by this subsection
shall not apply to any employee of the authority who knowingly
and willfully discloses prohibited information under this
chapter.
§ 9391.8. Additional penalties.
(a) Criminal penalties.--In addition to any other penalty
provided by law, a practitioner, caregiver, patient, employee,
financial backer, operator or principal of any medical cannabis
business establishment, and an employee, financial backer,
operator or principal of a clinical registrant or academic
clinical research center under Subchapter I (relating to
academic clinical research centers and clinical registrants),
who violates any of the provisions of this chapter, other than
those specified in section 9391.1 (relating to criminal
diversion of medical cannabis by practitioners), 9391.2
(relating to criminal diversion of medical cannabis), 9391.3
(relating to criminal retention of medical cannabis), 9391.4
(relating to criminal diversion of medical cannabis by patient
or caregiver), 9391.5 (relating to falsification of
identification cards), 9391.6 (relating to adulteration of
medical cannabis) or 9391.7 (relating to disclosure of
information prohibited), or any regulation promulgated under
this chapter:
(1) For a first offense, commits a misdemeanor of the
third degree and shall, upon conviction, be sentenced to pay
a fine of not more than $5,000 or to imprisonment for not
more than six months.
(2) For a second or subsequent offense, commits a
misdemeanor of the third degree and shall, upon conviction,
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be sentenced to pay a fine of not more than $10,000 or to
imprisonment for not less than six months nor more than one
year, or both.
(b) Civil penalties.--In addition to any other remedy
available to the authority, the authority may assess a civil
penalty for a violation of this chapter, a regulation
promulgated under this chapter or an order issued under this
chapter or regulation as provided in this subsection. The
following shall apply:
(1) The authority may assess a penalty of not more than
$10,000 for each violation and an additional penalty of not
more than $1,000 for each day of a continuing violation. In
determining the amount of each penalty, the authority shall
take the following factors into consideration:
(i) The gravity of the violation.
(ii) The potential harm resulting from the violation
to patients, caregivers or the general public.
(iii) The willfulness of the violation.
(iv) Previous violations, if any, by the person
being assessed.
(v) The economic benefit to the person being
assessed for failing to comply with the requirements of
this chapter, a regulation promulgated under this chapter
or an order issued under this chapter or regulation.
(2) If the authority finds that the violation did not
threaten the safety or health of a patient, caregiver or the
general public and the violator took immediate action to
remedy the violation upon learning of it, the authority may
issue a written warning in lieu of assessing a civil penalty.
(3) A person who aids, abets, counsels, induces,
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procures or causes another person to violate this chapter, a
regulation promulgated under this chapter or an order issued
under this chapter or regulation shall be subject to the
civil penalties provided under this subsection.
(c) Sanctions.--
(1) In addition to the penalties provided in subsection
(b) and any other penalty authorized by law, the authority
may impose the following sanctions:
(i) Revoke or suspend the permit of a person found
to be in violation of this chapter, a regulation
promulgated under this chapter or an order issued under
this chapter or regulation.
(ii) Revoke or suspend the permit of a person for
conduct or activity or the occurrence of an event that
would have disqualified the person from receiving the
permit.
(iii) Revoke or suspend the registration of a
practitioner for a violation of this chapter or a
regulation promulgated or an order issued under this
chapter or for conduct or activity which would have
disqualified the practitioner from receiving a
registration.
(iv) Suspend a permit or registration of a person
pending the outcome of a hearing in a case in which the
permit or registration could be revoked.
(v) Order restitution of funds or property
unlawfully obtained or retained by a permittee or
registrant.
(vi) Issue a cease and desist order.
(2) A person who aids, abets, counsels, induces,
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procures or causes another person to violate this chapter
shall be subject to the sanctions provided under this
subsection.
(d) Costs of action.--The authority may assess against a
person determined to be in violation of this chapter the costs
of investigation of the violation.
(e) Minor violations.--Nothing in this section shall be
construed to require the assessment of a civil penalty or the
imposition of a sanction for a minor violation of this chapter
if the authority determines that the public interest will be
adequately served under the circumstances by the issuance of a
written warning.
§ 9391.9. Other restrictions.
Nothing in this chapter may be construed to permit any person
to engage in or prevent the imposition of any civil, criminal or
other penalty for the following:
(1) Undertaking any task under the influence of medical
cannabis when doing so would constitute negligence,
professional malpractice or professional misconduct.
(2) Possessing or using medical cannabis in a youth
detention center or other facility which houses children
adjudicated delinquent, including the separate, secure State-
owned facility or unit utilized for sexually violent
delinquent children under 42 Pa.C.S. § 6404 (relating to
duration of inpatient commitment and review). As used in this
paragraph, the term "sexually violent delinquent children"
shall have the meaning given to it in 42 Pa.C.S. § 6402
(relating to definitions). Nothing in this paragraph shall be
construed to apply to employees of the facilities set forth
in this paragraph.
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SUBCHAPTER I
ACADEMIC CLINICAL RESEARCH CENTERS
AND CLINICAL REGISTRANTS
Sec.
9393.1. Legislative findings and declaration of policy.
9393.2. Definitions.
9393.3. Academic clinical research centers.
9393.4. Clinical registrants.
9393.5. Research study.
9393.6. Research initiative.
§ 9393.1. Legislative findings and declaration of policy.
(a) Legislative findings.--It is determined and declared as
a matter of legislative finding:
(1) Patients suffering from serious medical conditions
deserve the benefit of research conducted in conjunction with
the Commonwealth's medical schools to determine whether
medical cannabis will improve their conditions or symptoms.
(2) The Commonwealth has an interest in creating a
mechanism whereby this Commonwealth's medical schools and
hospitals can help develop research programs and studies in
compliance with applicable law.
(b) Declaration of policy.--The General Assembly declares as
follows:
(1) It is the intention of the General Assembly to
create a mechanism whereby this Commonwealth's medical
schools and hospitals may provide advice to grower/processors
and dispensaries in the areas of patient health and safety,
medical applications and dispensing and management of
controlled substances, among other areas. It is the further
intention of the General Assembly to create a mechanism
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whereby the Commonwealth may encourage research associated
with medical cannabis.
(2) It is the policy of the Commonwealth to allow, in
addition to the 25 grower/processors and 50 dispensaries
initially authorized under section 9349.7 (relating to
limitations on permits), the operation of additional
grower/processors and dispensaries which will be approved by
the authority as clinical registrants. A clinical registrant
is a grower/processor and a dispensary which has a
contractual relationship with a medical school that operates
or partners with a hospital to provide advice about medical
cannabis so that patient safety may be enhanced.
§ 9393.2. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Academic clinical research center." An accredited medical
school within this Commonwealth that operates or partners with
an acute care hospital licensed within this Commonwealth that
has been approved and certified by the authority to enter into a
contract with a clinical registrant.
"Clinical registrant." An entity that:
(1) is approved by the authority as a clinical
registrant;
(2) has a contractual relationship with an academic
clinical research center under which the academic clinical
research center or its affiliate provides advice to the
entity, regarding, among other areas, patient health and
safety, medical applications and dispensing and management of
controlled substances; and
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(3) is approved by the authority to hold a permit as
both a grower/processor and a dispensary.
§ 9393.3. Academic clinical research centers.
(a) General rule.--An academic clinical research center must
be approved and certified by the authority before the academic
clinical research center may contract with a clinical
registrant. An academic clinical research center shall only
contract with one clinical registrant. The accredited medical
school that is seeking approval and certification from the
authority as an academic clinical research center must provide
all information required by the authority, including information
for the individual who will be the primary contact for the
academic clinical research center during the authority's review
of the application. The accredited medical school must also
provide all information required by the authority for any
licensed acute care hospital that the accredited medical school
will operate or partner with during the time that it may be
approved and certified as an academic clinical research center
by the authority.
(b) Posting and publication of list.--The authority shall
post a list containing the name and address of each certified
academic clinical research center on the authority's publicly
accessible Internet website and transmit notice to the
Legislative Reference Bureau for publication in the next
available issue of the Pennsylvania Bulletin.
§ 9393.4. Clinical registrants.
(a) Approval.--The authority may approve up to 10 clinical
registrants. Each clinical registrant may provide medical
cannabis at not more than six separate locations. The total
number of locations authorized to dispense medical cannabis
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under this section shall not exceed 60. The grower/processor and
dispensary permits issued to clinical registrants approved under
this section shall be in addition to the 25 grower/processor and
50 dispensary permits issued by the authority in accordance with
section 9346(1) and (2) (relating to limitations on permits).
The limitations relating to number and location in sections
9346(1) and (2) do not apply. A clinical registrant may not hold
more than one grower/processor and one dispensary permit. A
clinical registrant that obtains a dual use permit under Chapter
91 (relating to adult use of cannabis), shall continue to hold
and maintain the permit issued under this chapter. Once the
authority approves an entity as a clinical registrant, the
entity shall comply with this subchapter. The following shall
apply:
(1) The authority shall:
(i) Open applications for the approval of up to two
additional academic clinical research centers and issue
approvals to qualified academic clinical research centers
by July 16, 2016.
(ii) Open applications for the approval of up to two
additional clinical registrants by August 15, 2016, and
issue permits to qualified clinical registrants within
180 days from the date when applications are posted.
(2) If the statutory maximum number of approved academic
clinical research centers or approved clinical registrants
are not approved under paragraph (1), the authority shall
reopen the application process for the approval of academic
clinical research centers and clinical registrants.
(b) Requirements.--The following shall apply to clinical
registrants:
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(1) An entity seeking approval as a clinical registrant
shall submit an application to the authority in such form and
manner as the authority prescribes. The authority shall
ensure that the applicant meets the requirements of this
chapter before approving the application to become a clinical
registrant.
(2) An entity may be issued a permit as a
grower/processor or dispensary before seeking approval as a
clinical registrant. An entity may also apply for a permit as
a grower/processor or a dispensary at the same time the
entity seeks approval from the authority as a clinical
registrant.
(3) An entity seeking approval as a clinical registrant
that does not already hold a permit as a grower/processor or
a dispensary shall submit the applications required under
Subchapter E (relating to medical cannabis business
establishments). In reviewing an application, the authority
shall ensure that the entity meets all of the requirements
for the issuance of a grower/processor permit or a dispensary
permit, as applicable.
(4) When the authority issues a permit as a
grower/processor or a dispensary to an entity seeking
approval as a clinical registrant, the issuance shall not be
construed to reduce the number of permits for
growers/processors and dispensaries authorized under section
9349.7(1) and (2).
(i) The authority shall not approve an applicant for
a grower/processor permit if the applicant has previously
had a contractual relationship with an academic clinical
research center whereby the academic clinical research
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center or its affiliate provided advice to the applicant
regarding, among other areas, patient health and safety,
medical applications and dispensing and management of
controlled substances and the applicant subsequently sold
or assigned for profit to another entity their
responsibility under the contractual relationship.
(ii) (Reserved).
(5) Except as provided in section 9347(1)(vi) and (2)
(relating to fees and other requirements), an entity seeking
approval as a clinical registrant must pay the fees and meet
all other requirements under this chapter for obtaining a
permit as a grower/processor and a dispensary. Upon approval
of the authority, a clinical registrant shall be issued a
grower/processor permit and a dispensary permit and shall be
a medical cannabis business establishment. As a medical
cannabis business establishment, a clinical registrant must
comply with all the provisions of this chapter relating to
medical cannabis business establishments except as otherwise
provided in this subchapter.
(6) The clinical registrant must have a minimum of
$15,000,000 in capital. The authority shall verify the
capital requirement.
(7) The clinical registrant shall have all of the same
rights as a grower/processor permittee and must comply with
all other requirements of this chapter regarding growing,
processing and dispensing medical cannabis.
(8) A grower/processor facility owned by a clinical
registrant may sell its medical cannabis products to all
dispensary facilities. The facility may sell seeds, medical
cannabis plants and medical cannabis products to, or exchange
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seeds, medical cannabis plants and medical cannabis products
with, any other grower/processor facility holding a permit
under Subchapter E or this subchapter.
(9) A clinical registrant may petition the authority, on
a form prescribed by the authority, for approval to sell
certain of the medical cannabis products grown and processed
by its grower/processor facility to other medical cannabis
business establishments holding dispensary permits under
Subchapter E. The petition must be accompanied by a written
report of the clinical registrant's research findings with
respect to the medical cannabis products which are the
subject of the petition. The authority shall approve the
petition if it has been demonstrated that the medical
cannabis products have a practical effect on patients which
changes a recommendation within the medical field as
indicated in the report submitted by the clinical registrant.
(10) A dispensary owned by a clinical registrant may
dispense medical cannabis products to a patient or caregiver
who presents a valid identification card to an employee who
is authorized to dispense medical cannabis products at a
dispensary location operated by the clinical registrant,
regardless of whether the patient is a participant in a
research study or program.
§ 9393.5. Research study.
(a) Applicability.--The provisions of this section shall
apply upon publication of the notice under section 9399.8
(relating to notice).
(b) Procedures.--The authority may, upon application,
approve the dispensing of medical cannabis by a clinical
registrant to the academic clinical research center for the
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purpose of conducting a research study. The authority shall
develop the application and standards for approval of such
dispensing by the clinical registrant. The following apply to
the research study:
(1) The clinical registrant shall disclose the following
information to the authority in its application:
(i) The reason for the research project, including
the reason for the trial.
(ii) The strain and strength of medical cannabis to
be used in the research study.
(iii) The anticipated duration of the study.
(iv) Evidence of approval of the trial by an
accredited institutional review board and any other
required regulatory approvals.
(v) Other information required by the authority,
except that the authority may not require disclosure of
any information that would infringe upon the academic
clinical research center's exclusive right to
intellectual property or legal obligations for patient
confidentiality.
(2) The academic clinical research center shall provide
its findings to the authority within 365 days of the
conclusion of the research study or within 365 days of
publication of the results of the research study in a peer-
reviewed medical journal, whichever is later.
(3) The authority shall allow the exchange of medical
cannabis seed between clinical registrants for the conduct of
research.
§ 9393.6. Research initiative.
(a) Authority.--An academic clinical research center, in
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coordination with its contracted clinical registrant, may
conduct a research initiative on the antimicrobial effects of
applying solvent-based extraction methods and processes to
microbial contamination of immature medical cannabis plants,
medical cannabis plants, medical cannabis or medical cannabis
products.
(b) Procedure.--An academic clinical research center shall
submit to the authority for approval a completed written
research protocol of the planned research initiative. The
authority shall grant approval or denial of the protocol within
15 days of its submissions. The following apply:
(1) The research initiative shall commence no later than
30 days from the date the authority issues approval and shall
be completed no later than six months from the start date of
the research initiative.
(2) Research initiative findings shall be provided to
the authority by the academic clinical research center within
15 days of the research initiative's conclusion.
(3) An academic clinical research center and its
contracted clinical registrant shall present research
initiative findings to the authority and the authority's
research subcommittee for the authority's review and
consideration. The authority shall issue a written report,
with recommendations and findings regarding the use of
solvent-based extraction methods and processes on microbial
contamination by a clinical registrant or grower/processor.
(4) Prior to implementing a recommendation of the
authority under paragraph (3), a clinical registrant or
grower/processor shall seek approval from the authority for a
change in its grower/processor extraction process. The
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authority shall inspect the site and facility equipment. Upon
approval, the authority shall issue a notice of final
approval to implement the process.
SUBCHAPTER J
MISCELLANEOUS PROVISIONS
Sec.
9399.1. Financial and employment interests.
9399.2. Insurers.
9399.3. Protections for patients and caregivers.
9399.4. Schools.
9399.5. Day-care centers.
9399.6. Zoning.
9399.7. Applicability.
9399.8. Lawful transport of industrial hemp, hemp, and hemp
materials.
§ 9399.1. Financial and employment interests.
(a) Financial interests.--Except as may be provided for the
judiciary by rule or order of the Pennsylvania Supreme Court, an
executive-level public employee, public official or party
officer, or an immediate family member thereof, shall not
intentionally or knowingly hold a financial interest in a
medical cannabis business establishment or in a holding company,
affiliate, intermediary or subsidiary thereof, while the
individual is an executive-level public employee, public
official or party officer and for one year following termination
of the individual's status as an executive-level public
employee, public official or party officer.
(b) Employment.--Except as may be provided by rule or order
of the Pennsylvania Supreme Court, no executive-level public
employee, public official or party officer, or an immediate
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family member thereof, shall be employed by a medical cannabis
business establishment or by any holding company, affiliate,
intermediary or subsidiary thereof, while the individual is an
executive-level public employee, public official or party
officer and for one year following termination of the
individual's status as an executive-level public employee,
public official or party officer.
(c) Grading.--An individual who violates this section
commits a misdemeanor and shall, upon conviction, be sentenced
to pay a fine of not more than $1,000 or to imprisonment for not
more than one year, or both.
(d) State Ethics Commission.--The State Ethics Commission
shall do all of the following:
(1) Issue a written determination of whether a person is
subject to subsection (a) or (b) upon the written request of
the person or any other person that may have liability for an
action taken with respect to such person. A person that
relies in good faith on a determination made under this
paragraph shall not be subject to any penalty for an action
taken, provided that all material facts set forth in the
request for the determination are correct.
(2) Publish a list of all State, county, municipal and
other government positions that meet the definitions of
"executive-level public employee" or "public official" as
those terms are defined under 4 Pa.C.S. § 1512(b) (relating
to financial and employment interests). The Office of
Administration shall assist the State Ethics Commission in
the development of the list, which shall be transmitted by
the State Ethics Commission to the Legislative Reference
Bureau for publication in the next available issue of the
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Pennsylvania Bulletin biennially and posted by the authority
on the authority's Internet website. Upon request, each
public official shall have a duty to provide the State Ethics
Commission with adequate information to accurately develop
and maintain the list. The State Ethics Commission may impose
a civil penalty under 65 Pa.C.S. § 1109(f) (relating to
penalties) upon any individual, including any public official
or executive-level public employee, who fails to cooperate
with the State Ethics Commission under this subsection. A
person that relies in good faith on the list published by the
State Ethics Commission shall not be subject to any penalty
for a violation of this section.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Financial interest." As defined in 4 Pa.C.S. § 1512(b).
"Immediate family." As defined in 4 Pa.C.S. § 1512(b).
"Party officer." As defined in 4 Pa.C.S. § 1512(b).
"Public official." As follows:
(1) The term shall include the following:
(i) The Governor, Lieutenant Governor, a member of
the Governor's cabinet, Treasurer, Auditor General and
Attorney General of the Commonwealth.
(ii) A member of the Senate or House of
Representatives of the Commonwealth.
(iii) An individual elected or appointed to any
office of a county or municipality that directly receives
a distribution of revenue from the fund.
(iv) An individual elected or appointed to a
authority, agency, board, commission, authority or other
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governmental body not included in subparagraph (i), (ii)
or (iii) that directly receives a distribution of revenue
from the fund.
(v) An individual elected or appointed to a
authority, agency, board, commission, authority, county,
municipality or other governmental body not included in
subparagraph (i), (ii) or (iii) with discretionary power
which may influence or affect the outcome of an action or
decision and who is involved in the development of
regulation or policy relating to a medical cannabis
business establishment or who is involved in other
matters under this chapter.
(2) The term does not include a member of a school board
or an individual who held an uncompensated office with a
governmental body prior to January 1, 2017, and who no longer
holds the office as of January 1, 2017.
§ 9399.2. Insurers.
Nothing in this chapter shall be construed to require an
insurer or a health plan, whether paid for by Commonwealth funds
or private funds, to provide coverage for medical cannabis.
Notwithstanding any other provision of law, no workers'
compensation carrier, self-insured employer or other insurer in
this Commonwealth may be required to provide coverage for or
otherwise reimburse the cost of medical cannabis.
§ 9399.3. Protections for patients and caregivers.
(a) Licensure.--None of the following shall be subject to
arrest, prosecution or penalty in any manner or denied any right
or privilege, including civil penalty or disciplinary action by
a Commonwealth licensing board or commission, solely for lawful
use of medical cannabis or manufacture or sale or dispensing of
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medical cannabis, or for any other action taken in accordance
with this chapter:
(1) A patient.
(2) A caregiver.
(3) A practitioner.
(4) A medical cannabis business establishment.
(5) A cannabis business establishment licensed under
Chapter 91 (relating to adult use of cannabis).
(6) A clinical registrant or academic clinical research
center under Subchapter I (relating to academic clinical
research centers and clinical registrants).
(7) An employee, principal or financial backer of a
medical cannabis business establishment.
(8) An employee of a clinical registrant or an employee
of an academic clinical research center under Subchapter I.
(b) Employment.--
(1) No employer may discharge, threaten, refuse to hire
or otherwise discriminate or retaliate against an employee
regarding an employee's compensation, terms, conditions,
location or privileges solely on the basis of the employee's
status as an individual who is certified to use medical
cannabis.
(2) Nothing in this chapter shall require an employer to
make any accommodation of the use of medical cannabis on the
property or premises of any place of employment. If an
employer makes an adverse employment decision against an
employee or job applicant under this chapter, the adverse
employment decision may not be challenged under any other
State or local law.
(3) Nothing in this chapter shall require an employer to
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commit any act that would put the employer or any person
acting on its behalf in violation of Federal law.
(c) Custody determination.--The fact that an individual is
certified to use medical cannabis and acting in accordance with
this chapter shall not by itself be considered by a court in a
custody proceeding. In determining the best interest of a child
with respect to custody, the provisions of 23 Pa.C.S. Ch. 53
(relating to child custody) shall apply.
§ 9399.4. Schools.
The Department of Education shall promulgate regulations by
October 17, 2017, regarding the following:
(1) Possession and use of medical cannabis by a student
on the grounds of a preschool, primary school and a secondary
school.
(2) Possession and use of medical cannabis by an
employee of a preschool, primary school and a secondary
school on the grounds of the school.
§ 9399.5. Day-care centers.
The Department of Human Services shall promulgate regulations
by October 17, 2017, regarding the following:
(1) Possession and use of medical cannabis by a child
under the care of a child-care or social service center
licensed or operated by the Department of Human Services.
(2) Possession and use of medical cannabis by an
employee of a child-care or social service center licensed or
operated by the Department of Human Services.
(3) Possession and use of medical cannabis by employees
of a youth development center or other facility which houses
children adjudicated delinquent, including the separate,
secure State-owned facility or unit for sexually violent
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delinquent children, as specified in section 9391.9(2)
(relating to other restrictions).
§ 9399.6. Notice.
Upon amendment of the Controlled Substances Act (Public Law
91-513, 84 Stat. 1236) removing cannabis from Schedule I of the
Controlled Substances Act, the authority shall transmit notice
of the effective date of the amendment to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin.
§ 9399.7. Applicability.
(a) (Reserved).
(b) Issuance.--The issuance of permits and other
authorizations shall begin upon transmittance of notice by the
authority to the Legislative Reference Bureau for publication in
the next available issue of the Pennsylvania Bulletin that
adequate temporary or permanent regulations have been adopted to
initiate the program under this chapter.
§ 9399.8. Lawful transport of industrial hemp, hemp, and hemp
materials.
(a) Limitation.--Nothing in this chapter shall prohibit or
interfere with the lawful transport of industrial hemp, hemp
materials, or hemp products as authorized by the United States
Department of Agriculture, the United States Food and Drug
Administration, and in compliance with other Federal law or
rules, through the Commonwealth of Pennsylvania for delivery to
an out-of-state destination.
(b) Manifest.--No person shall transport industrial hemp,
hemp, or hemp materials within the Commonwealth of Pennsylvania,
unless the person is duly authorized under Federal or State law
and regulation to transport hemp and possesses a hemp manifest
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that shall include the following:
(1) The name and address of the owner of the hemp.
(2) The point of origin.
(3) The point of delivery, including name and address.
(4) The kind and quantity of packages or, if in bulk,
the total quantity of hemp in the shipment.
(5) The date of shipment.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraphs (2) and (3) are necessary to effectuate the
addition of 35 Pa.C.S. Ch. 93.
(2) The following acts and parts of acts are repealed to
the extent specified:
(i) Section 13(a)(31) of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance,
Drug, Device and Cosmetic Act, is repealed.
(ii) 18 Pa.C.S. § 7508(a)(1) and (f) are repealed.
(3) The act of April 17, 2016 (P.L.84, No.16), known as
the Medical Marijuana Act, is repealed.
(4) All other acts and parts of acts are repealed
insofar as they are inconsistent with the addition of 35
Pa.C.S. Chs. 91 and 93.
Section 3. The addition of 35 Pa.C.S. Ch. 93 is a
continuation of the act of April 17, 2016 (P.L.84, No.16), known
as the Medical Marijuana Act. Except as otherwise provided in 35
Pa.C.S. Ch. 93, all activities initiated under the act of April
17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act,
shall continue and remain in full force and effect and may be
completed under 35 Pa.C.S. Ch. 93. Orders, regulations, rules
and decisions which were made under the Medical Marijuana Act
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and which are in effect on the effective date of section 2(3) of
this act shall remain in full force and effect until revoked,
vacated or modified under 35 Pa.C.S. Ch. 93. Contracts,
obligations and collective bargaining agreements entered into
under the Medical Marijuana Act are not affected nor impaired by
the repeal of the Medical Marijuana Act.
Section 4. This act shall take effect immediately.
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